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Fraeda J. Lewis State Farm Mutual 972s95

Fraeda J. Lewis State Farm Mutual 972s95

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Published by Thalia Sanders
great finds for Lewis and State Farm
great finds for Lewis and State Farm

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Categories:Types, Research, Law
Published by: Thalia Sanders on Nov 28, 2011
Copyright:Attribution Non-commercial

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11/28/2011

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REPORTEDIN THE COURT OF SPECIAL APPEALSOF MARYLANDNo. 972September Term, 1995 Fraeda J. Lewisv.State Farm Mutual Automobile InsuranceCompany Murphy, C.J.,Fischer,Alpert, Paul E. (Ret'd,specially assigned),JJ. Opinion by Fischer, J. 
 
-1-Filed: November 27, 1996
 
The premium surcharge took the form of State Farm removing
1
Mrs. Lewis's "good driver" designation, therefore causing herpremiums to increase.It is the Commissioner's regular practice to assign
2
section 240AA hearings to an ALJ in the Office of AdministrativeHearings.
See
COMAR 09.30.65.01
et seq.
(detailing theprocedures for an ALJ hearing).Fraeda Lewis (Mrs. Lewis) appeals from an order of the CircuitCourt for Baltimore City that affirmed an administrative lawjudge's (ALJ) finding that State Farm Mutual Automobile InsuranceCompany's (State Farm) decision to add a premium surcharge to Mrs.Lewis's automobile insurance policy was justified and proper.
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Following the Maryland Insurance Administration's (MIA) findingthat State Farm's surcharge decision was proper, Mrs. Lewisrequested a hearing before the State Insurance Commissioner ofMaryland (the Commissioner), which assigned the hearing to an ALJof the Office of Administrative Hearings. The ALJ found that
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State Farm's actions were justified and accordingly dismissed Mrs.Lewis's protest. Lewis then appealed to the circuit court, whichaffirmed the ALJ's decision. Mrs. Lewis raises the following issuefor our review, which we have reworded and condensed as follows:I.Did the circuit court err by affirmingthe decision of the Administrative LawJudge?
FACTS
On November 13, 1993, Mr. Lewis was driving Mrs. Lewis's 1988Mercedes automobile. Mrs. Lewis and Fred and Joan Cohen werepassengers in the car. While in Baltimore City, Mr. Lewis lost

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