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N.J. LAND TITLE INS. RATING BUR. v. SHEERAN

151 N.J. Super. 45 (1977)

376 A.2d 550

NEW JERSEY LAND TITLE INSURANCE RATING BUREAU, AN UNINCORPORATED ASSOCIATION OF NEW JERSEY, APPELLANT, v. JAMES J. SHEERAN, COMMISSIONER OF INSURANCE, ET AL., RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 1977.

Attorney(s) appearing for the Case

Mr. Joseph M. Clayton, Jr., argued the cause for the appellant.

Ms. Maureen McGrath, Deputy Attorney General, argued the cause for the respondent James J. Sheeran, Commissioner of Insurance (Mr. William F. Hyland, Attorney General; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Ms. Maureen McGrath, Deputy Attorney General, on the brief).

Mr. Stewart M. Hutt argued the cause for the respondent-intervenor New Jersey Builders Association and the intervenor, New Jersey Association of Realtors (Messrs. Hutt, Berkow & Hollander, attorneys).

Mr. Alfred L. Nardelli, Deputy Director, Department of the Public Advocate, Division of Rate Counsel, argued the cause for the respondent Public Advocate (Mr. Stanley C. Van Ness, Public Advocate, Mr. William Gural, Director, Department of the Public Advocate, Division of Rate Counsel, Mr. Ben David Shiriak, Assistant Deputy Public Advocate, of counsel and on the brief).

Mr. William J. Begley filed a statement in lieu of brief for respondents Association of Title Insurance Agents (Messrs. Begley & Begley, attorneys).

Before Judges FRITZ, ARD and PRESSLER.

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

This controversy arises under the Title Insurance Act of 1974, N.J.S.A. 17:46B-1, et seq., which represents the first comprehensive regulation of title insurance companies doing business in this State and which requires, among other things, that rates charged by such insurers comport with filed rate schedules which have been first approved by the Commissioner of Insurance. The matter before us...

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