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GEICO v. INSURANCE COMM'R

No. 11 September Term, 1993.

332 Md. 124 (1993)

630 A.2d 713

GOVERNMENT EMPLOYEES INSURANCE COMPANY AND GEICO GENERAL INS. CO. v. INSURANCE COMMISSIONER OF THE STATE OF MARYLAND.

Court of Appeals of Maryland.

September 14, 1993.

Attorney(s) appearing for the Case

Thomas Waxter, Jr. (Franklin T. Caudill, Semmes, Bowen and Semmes, all on brief), Baltimore, for petitioners.

Evelyn O. Cannon, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Susan Cohen, Asst. Atty. Gen., all on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

ROBERT M. BELL, Judge.

We granted certiorari to determine whether an insurer, under whose rate-filings the premiums of drivers who reach age sixty-five automatically increase, albeit for actuarially valid reasons, violates Maryland Code (1957, 1991 Repl.Vol.) Article 48A, section 240F of the Insurance Code. Although Article 48A, section 242 provides that all insurance rates be actuarially justified, section 240F, without reference to the justification for it, prohibits...

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