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MATTER OF ALLSTATE INS. CO. v. STEWART

29 N.Y.2d 925 (1972)

In the Matter of Allstate Insurance Company et al., Appellants, v. Richard E. Stewart, as Superintendent of Insurance of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided January 13, 1972.

Attorney(s) appearing for the Case

Robert J. Ward, Alfred J. Bohlinger and David H. Lieberman for appellants.

Louis J. Lefkowitz, Attorney-General (Charles A. La Torella, Jr. and Samuel A. Hirshowitz of counsel), for Superintendent of Insurance, respondent.

Edward Cherney and Sidney Gaines for New York Automobile Insurance Plan, respondent.

Philip Hoffer, Rose L. Hoffer and Peter T. Affatato for Empire Mutual Insurance Company, respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL and GIBSON. Judge JASEN dissents and votes to reverse in the following opinion in which Judges SCILEPPI and BERGAN concur.

Order affirmed, without costs, on the opinion at the Appellate Division.

JASEN, J. (dissenting).

Petitioners, insurance companies duly licensed to write motor vehicle liability insurance in the State of New York, voluntarily underwrote during 1968 and 1969 greater amounts of insurance on "Class 2" risks (male drivers under 25) than was required under the New York State Assigned Risk Plan. The plan, in existence since 1960, permitted insurance...

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