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IN THE COURT OF APPEALS OF MARYLAND

No. 26 September Term, 1993 ________________________________________ THE INSURANCE COMMISSIONER OF THE STATE OF MARYLAND et al. v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES ________________________________________ Murphy, C.J. Eldridge Rodowsky * McAuliffe Chasanow Karwacki Bell, JJ. ________________________________________ Opinion by Eldridge, J. ________________________________________ Filed: September 11, 1995

* McAuliffe, J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, he also participated in the decision

and adoption of this opinion.

The Insurance Commissioner held in this case, inter alia, that portions of Ch. 479 of the Acts of 1975, codified in Maryland Code (1957, 1994 Repl. Vol.), Art. 48A,

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Maryland Law