Filed rate increases for "revised homeowners' insurance rates and revised homeowners' R.insurance territory definitions" would have raised premiums in North Carolina 25% to 55%, depending on whether the policyholders paying the premiums were tenants, owners, or "condominiums." The filed rate increases were at issue in an appeal from the North Carolina Insurance Commissioner's order disapproving the filed rates. State ex rel. Commissioner of Insurance v. North Carolina Rate Bureau, ___ S.E.2d ___, No. COA15-402, 2016 WL 4087919, at *1-*2 (N.C. Ct. App. August 2, 2016).
The 26 published pages of the Westlaw report of this decision reveal the complexity of insurance rate filings. This case alone shows the impossibility of applying "the filed rate doctrine" as a defense to bar any claims that insurance rates include unauthorized charges such as kickbacks.
The complexity of insurance rate filings displayed across these 26 pages alone, completely repudiate any notion that something so abstract as a "doctrine" can even begin to describe insurance rate filings. Perhaps such a "doctrine" exists and can be applied by Judges in utility or other rate cases, but it is not a "doctrine" which can stand in the insurance field, including lender force-placed insurance practices ("LFPI") cases but extending to all insurance cases of any kind that involve contentions of filed insurance rates.
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