BLUE CROSS & BLUE SHIELD OF DEL. v. ELLIOTT


479 A.2d 843 (1984)

BLUE CROSS & BLUE SHIELD OF DELAWARE, INCORPORATED, Appellant, v. David H. ELLIOTT, Insurance Commissioner of the State of Delaware, Appellee.

Superior Court of Delaware, New Castle County.

Decided: April 30, 1984.


Attorney(s) appearing for the Case

Max S. Bell, Jr., and John J. Schreppler, II, of Richards, Layton & Finger, Wilmington, for appellant.

Catherine S. Mullholland, Deputy Atty. Gen., for appellee.


TAYLOR, Judge.

By decision dated March 17, 1983 the Delaware Insurance Commissioner [Commissioner] held that rates which appellant Blue Cross & Blue Shield [Blue Cross] had filed were excessive under 18 Del.C. § 2503 and allowed a lesser rate increase. The parties have submitted briefs and had oral argument.

I

An initial issue raised by Blue Cross is whether the Commissioner's decision should...

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