Insurance Institute of Michigan v. Commissioner, Financial & Insurance Services, Department of Labor & Economic Growth

Summary

The Michigan Supreme Court granted applications for leave to appeal from an August 21, 2008 Court of Appeals judgment concerning challenges to administrative insurance rules. The Court identified issues involving declaratory relief, statutory judicial-review procedures, the scope of the administrative record, and the validity, constitutionality, and rulemaking authority underlying the challenged rules, and granted expedited consideration.

Questions Presented

1. Whether, under section 64 of the Administrative Procedures Act, MCL 24.264, plaintiffs could bring an original declaratory-judgment action in circuit court without first requesting a declaratory ruling from the defendant.
2. Whether section 244(1) of the Insurance Code, MCL 500.244(1), provides the exclusive means of seeking judicial review of rules promulgated by the defendant.
3. Whether judicial review of the challenged administrative rules is limited to the administrative record prepared during the public-hearing process under section 104(3) of the Administrative Procedures Act, MCL 24.304(3).
4. Whether the challenged administrative rules violate plaintiffs' due process rights, are valid and enforceable under the Insurance Code, are arbitrary and capricious, or exceed the defendant's rulemaking authority.

Disposition

other