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STATE EX REL. COM'R OF INS. v. NORTH CAROLINA RATE BUR.

No. 8810INS599.

385 S.E.2d 510 (1989)

STATE of North Carolina ex rel. COMMISSIONER OF INSURANCE, Appellee, v. NORTH CAROLINA RATE BUREAU, Appellant. In the Matter of a Filing Dated September 1, 1987 by the North Carolina Rate Bureau For Revised Workers' Compensation Insurance Rates.

Court of Appeals of North Carolina.

November 7, 1989.

Attorney(s) appearing for the Case

Hunter & Wharton by John V. Hunter, III, and Parker, Sink, Powers, Sink, Potter & Nelson by E. Daniels Nelson, Raleigh, for appellee.

Young, Moore, Henderson & Alvis, P.A. by Charles H. Young, Jr. and R. Michael Strickland, Raleigh, for appellant.

LEWIS, Judge.

The standard for appellate review of orders of the Insurance Commissioner is set forth in G.S. 150B-51 and G.S. 58-9.6. While it is the task of this Court to determine whether the Commissioner's conclusions are supported by "material and substantial evidence in view of the entire record as submitted," G.S. 58-9.6(b)(5), it is not our function to substitute our judgment for that of the Commissioner when the evidence is conflicting. Thompson v. Wake...

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