Allstate Insurance Company, Government Employees Insurance Company, Geico Casualty Company, Geico General Insurance Company and Geico Indemnity Co., Plaintiffs-Appellees,
v.
Gregory V. Serio, in his capacity as Acting Superintendent of Insurance of the State of New York, Defendant-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: March 5, 2001.
Decided: July 23, 2001.
Attorney(s) appearing for the Case
Penny Shane, Sullivan & Cromwell, NY, NY, for Plaintiff-Appellee Allstate Insurance Co. (Ellen V. Holloman on the brief).
William P. Maloney, Maloney & Porcelli, NY, NY, for Plaintiff-Appellee GEICO.
Deon J. Nossel, Assistant Solicitor General, for Eliot Spitzer, Attorney General of the State of New York (Michael S. Belohlavek, Deputy Solicitor General on the brief).
Eugene R. Anderson, Anderson, Kill & Olick, NY, NY, for Amicus Curiae United Policyholders.
Before: WALKER, Chief Judge, OAKES, and CALABRESI, Circuit Judges.
United States Court of Appeals, Second Circuit.
CALABRESI, Circuit Judge:
The New York State Department of Insurance1 ("the Department") appeals from a judgment of the United States District Court for the Southern District of New York (Casey, J.) enjoining it from enforcing New York Insurance Law § 2610(b), as well as "rules and regulations promulgated thereunder," against plaintiffs Allstate Insurance Co. ("Allstate") and GEICO General Insurance Co. ("GEICO"). Allstate...
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