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HOWELL v. ROSECLIFF REALTY CO., INC.

52 N.J. 313 (1968)

245 A.2d 318

CHARLES R. HOWELL, COMMISSIONER OF BANKING AND INSURANCE, STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ROSECLIFF REALTY CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 10, 1968.

Attorney(s) appearing for the Case

Mr. E. Robert Levy, Deputy Attorney General, argued the cause for appellant (Mrs. Marilyn Loftus Schauer, Assistant Attorney General, of counsel; Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. George B. Gelman argued the cause for respondent (Messrs. Calissi, Gelman and Cuccio, attorneys).

The opinion of the court was delivered by WEINTRAUB, C.J.

The Commissioner of Banking and Insurance brought this action against defendant Rosecliff to collect a tax on premiums it paid unadmitted foreign carriers for insurance coverage on New Jersey risks. The policies were written in New York. The trial court gave judgment for Rosecliff, holding that New Jersey could not reach the transactions because of State Board of Insurance v. Todd Shipyards Corp.,

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