NEW JERSEY ASSOCIATION OF INDEPENDENT INSURANCE AGENTS, A NEW JERSEY CORPORATION, C.W. BOLLINGER CO., A NEW JERSEY CORPORATION, AND JOHN A. WINDOLF, PLAINTIFFS-RESPONDENTS,
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-APPELLANTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued April 29, 1975.
Decided July 23, 1975.
Attorney(s) appearing for the Case
Mr. Clyde A. Szuch argued the cause for defendants-appellants Hospital Service Plan of New Jersey and Medical-Surgical Plan of New Jersey (Mr. Szuch and Mr. Richard L. Plotkin, on the brief; Messrs. Pitney, Hardin & Kipp, attorneys).
Mr. Frank X. McDermott, argued the cause for plaintiffs-respondents (Mr. McDermott, of counsel, Mr. Hugh P. Francis, on the brief; Messrs. Apruzzese & McDermott, attorneys).
A Statement in Lieu of Brief was filed for the Commissioner of the Department of Insurance (Mr. Omer F. Brown, II, Deputy Attorney General, of counsel, Mr. William F. Hyland, Attorney General of New Jersey, attorney).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by SULLIVAN, J.
The Appellate Division, in an opinion reported at 128 N.J.Super. 472 (1974), held that the Hospital Service Plan of New Jersey and the Medical-Surgical Plan of New Jersey (hereinafter sometimes referred to as Blue Cross and Blue Shield, or the Plans) were not given the power or authority in the respective statutes under which they operate to write a particular group student...
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