Heat Treatment By Rajan And Sharma Pdf Free [Extra Quality] Download
Heat Treatment By Rajan And Sharma Pdf Free Download
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Heat Treatment By Rajan And Sharma Pdf Free Downloadl from the insurance company or, alternatively, that the insurer failed to comply with a statutorily imposed burden. The first alternative is not squarely before us because no ruling on the issue was requested or made at the administrative hearing. The second does not go so far, however. In the absence of any evidence that insurance company officials acted in bad faith or improperly withheld the letters, the administrative agency was not in a position to assess the merits or even to make a tentative conclusion that the insurer’s decision was arbitrary or discriminatory.
In sum, the exhaustion of administrative remedies doctrine calls for vindication of administrative procedures through completion of the agency process. We are aware of no statutory provision designed to render the administrative process available at any point and no regulations which authorize an initial judicial review of the insurer’s decision on the merits. The right of judicial recourse to an alternate forum for the relief to be sought must be found in something other than the statute creating the administrative agency itself. The Legislature itself has provided that, in circumstances such as these, a direct action must be brought by the plaintiff.
Reversed.
The trial court erred in dismissing the complaint. The remand is for further proceedings.
JOHNSON, J., dissents.
NOTES
[1] The only claim submitted by the insurer to the administrative agency was that Long’s claim was “premium due and owing” under the subject policy. The commission responded that the policy was not in force at the time of the claim but stated that, if the policy became effective after the occurrence of the fire loss, then a claim for the loss would have been covered. The commission then concluded that Long would have been entitled to be paid the premium in question, whether or not his claim was covered, because the policy had not expired.
[2] Maryland Code (1957, 1980 Repl.Vol., 1985 Cum.Supp.), Art. 48A, § 227(a)(2)(i) provides in part that:
“(a)….
“(2) The commission may impose a penalty of not more than $500.00 on any insurer for a violation of this subsection. If the commission determines that the violation is willful or knowing, a penalty of not more than $2,000.00 may be imposed. Any action for a penalty shall be brought by the Attorney General on the relation of the Consumer Protection Division of the Department of Business Regulation or on the relation of a
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