(DOWNLOAD) "Blue Cross and Blue Shield Delaware v." by New Castle County Superior Court of Delaware * eBook PDF Kindle ePub Free
eBook details
- Title: Blue Cross and Blue Shield Delaware v.
- Author : New Castle County Superior Court of Delaware
- Release Date : January 30, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
On May 26, 1982, Blue Cross and Blue Shield of Delaware, Inc. (Blue Cross), filed a 19.2 percent rate increase, applicable to several thousand subscribers, pursuant to 18 Del.C. § 2501 et seq., effective July 1, 1982. It notified some of those subscribers of the projected increase on May 15, 1982. On June 2, 1982, the Deputy Insurance Commissioner (Deputy Commissioner) disallowed the increase, maintaining that the documentation accompanying the filing was inadequate in specifically enumerated areas. He stated, however, that the filing would be reconsidered if the request information was submitted. On June 16, 1982, Blue Cross responded to the June 2, 1982 letter and disputed the need for the requested information, questioned the apparent recent change in documentation procedure for filings, and further asserted that the disallowance letter was legally defective as to authorized signature as well as in content. Blue Cross requested that any disallowance be made effective three and a half months in the future, as per a prior understanding between itself and the Insurance Commissioner (Commissioner). On June 25, 1982, the Deputy Commissioner responded by incorporating his June 2 objections in the filing in a new disallowance letter, and gave Blue Cross notice of its statutory right to a hearing regarding the disallowance. He fixed the effective date of that disallowance as July 1, 1982. Blue Cross received this second letter on June 28, 1982, and filed an appeal of both decisions on June 29, 1982. It also requested a stay and setting aside of the decisions, a remand to the Commissioner, and any other just relief. Blue Cross asserts that the Deputy Commissioner was without authority to disallow filings, that statutory procedures were not followed, that the Commissioner abused his discretion and acted in a discriminatory fashion toward Blue Cross.
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