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N.J. ASSOC. INS. AGENTS v. HOSP. SERV. PLAN.

128 N.J. Super. 472 (1974)

320 A.2d 504

NEW JERSEY ASSOCIATION OF INDEPENDENT INSURANCE AGENTS, A NEW JERSEY CORPORATION, C.W. BOLLINGER CO., A NEW JERSEY CORPORATION, AND JOHN A. WINDOLF, PLAINTIFFS-APPELLANTS, v. HOSPITAL SERVICE PLAN OF NEW JERSEY, A NEW JERSEY HOSPITAL SERVICE CORPORATION, MEDICAL-SURGICAL PLAN OF NEW JERSEY, A NEW JERSEY MEDICAL SERVICE CORPORATION, AND RICHARD C. McDONOUGH, AS COMMISSIONER, DEPARTMENT OF INSURANCE OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Reargued April 22, 1974.

Decided May 21, 1974.

Attorney(s) appearing for the Case

Mr. Frank X. McDermott argued for appellants (Messrs. Apruzzese & McDermott, attorneys; Mr. Hugh P. Francis on the brief).

Mr. Clyde A. Szuch argued for respondents (Messrs. Pitney, Hardin & Kipp, attorneys; Mr. Richard L. Plotkin on the brief).

Before Judges COLLESTER, LYNCH and MICHELS.

The opinion of the court was delivered by LYNCH, J.A.D.

Plaintiffs1 appeal from a summary judgment which declared that defendants Hospital Service Plan of New Jersey ("Blue Cross") and Medical-Surgical Plan of New Jersey ("Blue Shield")2 acted within their statutory powers in selling student accident insurance.3 The judgment also...

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