84 P.2d 619 | Okla. | 1938
This is an action to review a final order of the State Insurance Board entered on April 12, 1937, which denied petitioner the right to deviate from the rate schedule approved and fixed by the board on October 1, 1936, for the writing of contracts of insurance for bodily injury and property damage incurred in the operation of automobiles.
It appears that the rate schedule approved by the board as applicable to all companies writing such insurance was prescribed by what is referred to as the "conference group" of insurance companies using rates fixed by the National Bureau of Casualty and Surety Underwriters. Petitioner is a "nonconference company" and desires to use its own rate schedule based upon its own underwriting experience, which rate schedule is about 20 per cent. lower than the schedule approved by the board.
1. It is contended by respondent that this court has no jurisdiction to entertain this proceeding for review, because the petitioner did not appeal within 30 days from the order of October 1, 1936. Section 10547, O. S. 1931 (36 Okla. St. Ann. sec. 145), provides that the State Insurance Board shall not make any regulation or order without giving the insurance companies concerned at least ten days' notice and opportunity to appear and be heard in respect to the same; and if any insurance company shall be dissatisfied, it "shall have the right within 30 days after the making of said regulation or order to have the same reviewed in an original action before the Supreme Court of this state, by having a certified copy of said order and of said proceeding before said board filed with the clerk of said court. * * *" The order of October 1, 1936, does not appear in the record, and there is nothing to show whether notice was given, or whether a hearing was had. The statute, of necessity, contemplates a review of an order made upon due notice and after full hearing in order that there may be something here for review. We do not know the nature of the order of October 1, 1936, other than that it specified a certain rate schedule, and we think that under the record, the order now sought to be reviewed is the one contemplated by the statute. We therefore entertain jurisdiction.
2. Aside from that, the questions of law involved are identical to those determined in the American Druggists' Fire Insurance Co. v. State Insurance Board,
3. The decisive question, therefore, is whether under the evidence the proposed rate is inadequate for the safety and soundness of the company. The rule governing our review of the order herein involved is that the finding of the board is binding upon us unless it appears to be contrary to the law or the evidence. Associated Industries v. State Insurance Board (1935)
However, in view of the fact that the record discloses that the order denying the right to deviate from the approved rate schedule was made exclusively under the view of the law that no such deviation is authorized, we are constrained to say that no finding on this issue can be inferred.
It is therefore ordered that the order of April 12, 1937, be vacated for further proceedings not inconsistent with the views herein expressed. *236
OSBORN, C. J., BAYLESS, V. C. J., and WELCH, PHELPS, CORN, GIBSON, and DAVISON, JJ., concur. RILEY, J., absent.