N.C. Gen. Stat. » Chapter 58
NC General Statutes

N.C. Gen. Stat. § 58-2-80 (2026)

Court review of rates and classification

✓ current as of July 2026
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Any order or decision of the Commissioner that the premium rates charged or filed on all or any class of risks are excessive, inadequate, unreasonable, unfairly discriminatory or are otherwise not in the public interest or that a classification or classification assignment is unwarranted, unreasonable, improper, unfairly discriminatory or not in the public interest may be appealed to the North Carolina Court of Appeals by any party aggrieved thereby.  Any such order shall be based on findings of fact, and if applicable, findings as to trends related to the matter under investigation, and conclusions of law based thereon.  Any order or decision of the Commissioner, if supported by substantial evidence, shall be presumed to be correct and proper.  For the purposes of the appeal the Insurance Commissioner, who shall be represented by his general counsel, shall be deemed an aggrieved party. (1971, c. 703, s. 2.)

 

Notes of Decisions
Cited in 11 cases, 1991–2016 · leading case: Dare Cnty. v. North Carolina Dep't of Ins., 701 S.E.2d 368 (N.C. Ct. App. 2010).
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Dare Cnty. v. North Carolina Dep't of Ins., 701 S.E.2d 368 (N.C. Ct. App. 2010). · cites it 16× “The basis for Petitioner’s attempt to directly appeal the consent order to this Court hinged on N.C. Gen. Stat. § 58-2-80 (2009), which provides that: Any order or decision of the Commissioner that the premium rates charged or filed on all or any class of risks are excessive,…”
State Ex Rel. Comm'r of Ins. v. North Carolina Rate Bureau, 478 S.E.2d 794 (N.C. Ct. App. 1996). · cites it 6× “*798 "Upon any appeal, the rates fixed or any rule, regulation, finding, determination, or order made by the Commissioner under the provisions of Articles 1 through 64 of this Chapter shall be prima facie correct." N.C. Gen.Stat. § 58-2-90(e). The Commissioner's order regarding…”
State Ex Rel. Comm'r of Ins. v. Dare Cnty., 692 S.E.2d 155 (N.C. Ct. App. 2010). · cites it 15× “Jurisdiction The parties agree that a direct appeal of any order or decision of the Commissioner to this Court must be made pursuant to N.C. Gen. Stat. § 58-2-80 (2007). Appellants, the Department, and the Commissioner all argue that, in the instant case, appeal pursuant to §…”
State ex rel. Comm'r of Ins. v. North Carolina Rate Bureau, 586 S.E.2d 470 (N.C. Ct. App. 2003). · cites it 4× “G.S. §§ 58-2-80, 58-36-25 (2001). The two most recent filings by the Bureau have resulted in appeals to this Court and the Supreme Court.”
State ex rel. Comm'r of Ins. v. North Carolina Rate Bureau, 516 S.E.2d 150 (N.C. 1999). · cites it 3× “N.C.G.S. § 58-2-80 *548 (1994). However, “ ‘it is not our function to substitute our judgment for that of the Commissioner when the evidence is conflicting.”
State ex rel. Comm'r of Ins. v. North Carolina Rate Bureau, 501 S.E.2d 681 (N.C. Ct. App. 1998). · cites it 2× “Any order of the Commissioner that is supported by substantial evidence is presumed correct, N.C. Gen. Stat. § 58-2-80 (1994), and the rates *665 fixed by the Commissioner’s order areprima facie correct.”
State Ex Rel. Com'r of Ins. v. Rate Bureau, 501 S.E.2d 681 (N.C. Ct. App. 1998). · cites it 2× “Any order of the Commissioner that is supported by substantial evidence is presumed correct, N.C.Gen.Stat. § 58-2-80 (1994), and the rates fixed by the Commissioner's order are prima facie correct.”
State Ex Rel. Comm'r of Ins. v. North Carolina Rate Bureau, 403 S.E.2d 597 (N.C. Ct. App. 1991). “We note that the Rate Bureau is a “party aggrieved” within the meaning of G.S. 58-2-80. Accordingly, it may challenge orders and decisions of the Commissioner that disapprove premium rates.”
State ex rel. Com'r of Ins. v. North Carolina Rate Bureau, 791 S.E.2d 211 (N.C. Ct. App. 2016). · cites it 2× “N.C. Gen.Stat. § 58-2-80 (2015). After an order or decision of the Commissioner is appealed to this Court, [s]o far as necessary to the decision and where presented, the court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and…”
State ex rel. Utils. Comm'n v. Buck Island, Inc., 581 S.E.2d 122 (N.C. Ct. App. 2003). “105-342, the Commissioner of Insurance under G.S. 58-2-80, or the Secretary of Environment and Natural Resources under G.”
In re: NC Rate Bureau (N.C. Ct. App. 2016). · cites it 2× “N.C. Gen. Stat. § 58-2-80 (2015). After an order or decision of the Commissioner is appealed to this Court, [s]o far as necessary to the decision and where presented, the court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and…”
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