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SC Administrative Law Court Decisions

CAPTION:
Insurance Services Offices, Inc. vs. SCDOI

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
Insurance Services Offices, Inc.

Respondents:
South Carolina Department of Insurance

Intervenor:
Philip S. Porter, South Carolina Consumer Advocate
 
DOCKET NUMBER:
97-ALJ-09-0727-CC

APPEARANCES:
John Paul Halvorsen, Esquire
Counsel
Insurance Services Office, Inc.

Gwendolyn L. Fuller, Esquire
General Counsel
South Carolina Department of Insurance

Hana Pokorna-Williamson, Esquire
Staff Attorney
South Carolina Department of Consumer Affairs
 

ORDERS:

CONSENT ORDER

1. On December 1, 1997, 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 Insurance Services Office, Inc. (ISO) requesting an approval of an overall decrease of -4.6% in its private passenger automobile pure loss cost component.

2. On December 8, 1997, 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 Honorable Ray N. Stevens under the Docket No. 97-ALJ-09-0727-CC. The hearing on the matter has been scheduled for February 23, 1998.

4. Meanwhile, the Consumer Advocate and ISO engaged in discussions with respect to this filing and came to the following agreement:

In order to accommodate the Consumer Advocate's concerns, ISO will make a good faith effort to utilize calendar year 1997 experience in conjunction with an effective date of 8/l/1999 or 9/1/1999 in the next Private Passenger Automobile Filing. This will reduce the trending gap by approximately 4 months from the current filing. In the event ISO cannot use calendar year 1997 experience, it will make a good faith effort to use a trend period no longer than that which it would have used had such data been available, i.e. 4 months less than the current trend period. This assumes that the indications, in ISO's judgment, warrant a loss cost filing. This also assumes that ISO can make a filing with 1997 South Carolina Act No. 154 auto

reform changes with an effective date of March 1, 1999 and also file an experience review with an effective date of 8/1/1999 or 9/1/1999.



5. The Respondent, South Carolina Department of Insurance, in its Prehearing Statement of December 22, 2997, stated that it had no opposition to the filing. Since there are no unresolved issues remaining, all parties agree to the dismissal of this matter.

NOW, THEREFORE IT IS ORDERED that this case is dismissed, and

IT IS SO ORDERED.



RAY N. STEVENS

Administrative Law Judge

February 9th, 1998

Columbia, South Carolina

WE CONSENT:

John Paul Halvorsen, Esquire

Counsel

Insurance Services Office, Inc.

7 World Trade Center

New York, NY 10048-1199

Gwendolyn L. Fuller, Esquire

General Counsel

South Carolina Department of Insurance

Post Office Box 100105

Columbia, SC 29202-3105

Hana Pokorna-Williamson, Esquire

Staff Attorney

South Carolina Department of

Consumer Affairs

P. O. Box 5757

Columbia, SC 29250-5757

NOTE: Consent Order prepared by Hana Pokorna-Williamson, Attorney for Intervenor, Department of Consumer Affairs


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