Ex Parte the Cincinnati Insurance Company. (In Re Ray Peacock v. the Cincinnati Insurance Company).

Summary

The court granted Cincinnati's petition for a writ of mandamus and directed dismissal of Peacock's putative class action. It held that Peacock's challenge to premiums for additional uninsured/underinsured-motorist coverage implicated rates and rating plans approved by the insurance commissioner, making judicial review barred by the filed-rate doctrine, and that Peacock had not exhausted the statutory administrative process for seeking a rate reduction. The court also held that exhaustion would not be futile because the commissioner had authority to alter previously approved rates.