South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
National Casualty Company vs. SCDOI, et al

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
National Casualty Company

Respondents:
South Carolina Department of Insurance and Philip S. Porter, Consumer Advocate for the State of South Carolina
 
DOCKET NUMBER:
00-ALJ-09-0055-CC

APPEARANCES:
LOUIS G. MUELLER
National Casualty Company

T. Douglas Concannon, Esquire
S.C. Department of Insurance

Hana Pokorna-Williamson, Esquire
S.C. Department of Consumer Affairs
 

ORDERS:

CONSENT ORDER OF DISMISSAL

1. On January 31, 2000, Philip S. Porter, Consumer Advocate for the State of South Carolina (The Consumer Advocate) requested the South Carolina Department of Insurance (the Department) to initiate a public hearing on the filing of National Casualty Company (the Company) requesting an approval of an overall increase of +9.9% in its mobile homeowners insurance rate.

2. On February 7, 2000, the Department filed with the Administrative Law Judge Division an Agency Transmittal Form requesting a public hearing.

3. The Administrative Law Judge Division assigned this matter to the Honorable Carolyn C. Matthews under Docket No. 00-ALJ-09-0055-CC. The Order for Prehearing Statements was issued April 10, 2000.

4. Meanwhile, the Consumer Advocate requested additional information from the Company. Specifically, the Consumer Advocate was concerned with the proper reflection of trend movements in the filing and with the methodology of inclusion of investment income. Additionally, the Consumer Advocate requested the Company to include a conspicuous notice of the change in hurricane or wind/hail deductibles.

In response to the Consumer Advocate's concerns, the Company revised Exhibit 1 abd Exhibit 5, page 1. As a result of these amendments, the overall rate effect is revised from +9.9% to +8.0%. The amended exhibits are attached to this Order as Attachment 1. Further, the Company prepared a notice of the change in hurricane or wind/hail deductibles which is sufficiently conspicuous to alert consumers of the potential increase in out-of-pocket expenses in case of loss due to serious windstorms. The notice is attached to this Order as Attachment 2.

5. Based on these amendments and revisions to the filing, the Consumer Advocate believes that the amended filing will result in rates that are not excessive, inadequate or unfairly discriminatory, and now withdraws his original request for a hearing in this matter.

6. There are no unresolved issues remaining; therefore, all parties agree to the dismissal of this action.

NOW, THEREFORE, the above matter is dismissed.

AND IT IS SO ORDERED.





______________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge





May 4, 2000

Columbia, South Carolina



WE CONSENT:





_____________________________

LOUIS G. MUELLER

National Casualty Company





____________________________

T. Douglas Concannon, Esquire

S.C. Department of Insurance





____________________________

Hana Pokorna-Williamson, Esquire

S.C. Department of Consumer Affairs


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