CONSUMER CREDIT INS. ASS'N v. STATE

No. 86-317.

544 A.2d 1159 (1988)

CONSUMER CREDIT INSURANCE ASSOCIATION v. STATE of Vermont; Department of Banking and Insurance; Thomas Menson, Commissioner; Vermont Automotive Association, Intervenor.

Supreme Court of Vermont.

February 12, 1988.


Attorney(s) appearing for the Case

Peter H. Zamore of Sheehey Brue Gray & Furlong, Burlington, and Timothy L. Tucker, Chicago, Ill., for plaintiff-appellee.

Jeffrey L. Amestoy, Atty. Gen., and William E. Griffin, Chief Asst. Atty. Gen., Montpelier, for defendants-appellants.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MAHADY, JJ.


MAHADY, Justice.

The plaintiff, Consumer Credit Insurance Association (Association), brought this action to enjoin an insurance regulation promulgated by the Department of Banking and Insurance (the agency). The trial court held that the agency lacked statutory authority to promulgate the regulation and granted the injunction.

The principal issue presented by the agency's appeal is whether the regulation was authorized by statute. We conclude that it was and...

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