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U.S. LIFE TITLE INS. v. DEPT. OF COMMERCE

770 S.W.2d 537 (1988)

U.S. LIFE TITLE INSURANCE COMPANY OF NEW YORK, Plaintiff/Appellant, v. DEPARTMENT OF COMMERCE AND INSURANCE OF the STATE OF TENNESSEE, Defendant/Appellee. STEWART TITLE GUARANTY COMPANY, Plaintiff/Appellant, v. DEPARTMENT OF COMMERCE AND INSURANCE, DIVISION OF INSURANCE, STATE OF TENNESSEE, and Elaine A. McReynolds in her official capacity as Commissioner, Defendants/Appellees.

Court of Appeals of Tennessee, Middle Section, at Nashville.

September 23, 1988.

Attorney(s) appearing for the Case

Fred E. Cowden, Jr., Nashville, for U.S. Life Title Ins. Co.

Linda A. Ross, Gilbert & Milom, Nashville, for Stewart Title Guar. Co.

W.J. Michael Cody, Atty. Gen. & Reporter, Gina J. Barham, Asst. Atty. Gen., Nashville, for defendants/appellees.

William F. Kirsch, Jr., Eugene J. Podesta, Jr., Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, Memphis, for Amicus Curiae.

Published in Accordance with Tenn. Ct. App.R. 11.

OPINION

KOCH, Judge.

This appeal involves the validity of the rules regulating title insurance rates promulgated by the Commissioner of Commerce and Insurance1 in 1983. Two title insurance companies challenged the rules in the Chancery Court for Davidson County on the grounds that they were not promulgated properly, that they were beyond the Commissioner's rulemaking authority...

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