North Carolina Business Litigation Report

Lupton v. Blue Cross and Blue Shield of North Carolina, 1993 NCBC 4 (N.C. Super. Ct. June 14, 1999)(Tennille), aff'd, 139 N.C.App. 421, 533 S.E.2d 270, disc. rev. denied, 353 N.C. 266, 546 S.E.2d 105 (2000)

Plaintiffs' claims against a health insurer for charging excessive rates were barred by the filed rate doctrine. The filed rate doctrine exists to prevent courts from intruding on the authority vested in administrative agencies by the legislature.

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Mack Sperling
Brooks Pierce, LLP
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Greensboro, NC 27401

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