NCDOI Appeals Superior Courts Decision

Department of Insurance Appeals Superior Court Decision on Beach Plan Issues

Yesterday, a press release was issued by the Dept. of Insurance indicating they would be appealing Judge Pittman’s March 20, 2009 stay on the increases to the Beach Plan surcharges and deductibles. The increases to the Beach Plan surcharges and deductibles were approved by former Insurance Commissioner Long in 2008 and went into effect February 1, 2009. Pittman ruled that the Dept. of Insurance did not follow proper procedure in approving the rates.

The documents released by the Dept. of Insurance indicate that they are appealing the decision that the Dept. of Insurance did not follow proper procedure. However, the Dept. of Insurance is not requesting that the stay on the implementation of the surcharge or the 2% deductible be terminated during the pendency of the appeal. In short that means they have appealed but that the stay will remain in place until the Court of Appeals rules. According to Dare County Attorney Bobby Outten, it is unclear how long it will take the Court of Appeals to rule. Generally it takes them around a year. Whether the Court of Appeals would expedite the hearing of this matter has not been determined.