ADA FINANCIAL SERVICE CORP. v. STATE


174 N.J. Super. 337 (1979)

416 A.2d 908

ADA FINANCIAL SERVICE CORP. ET AL., PLAINTIFFS-RESPONDENTS, v. STATE OF NEW JERSEY AND JAMES J. SHEERAN, COMMISSIONER OF DEPARTMENT OF INSURANCE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 8, 1979.


Attorney(s) appearing for the Case

Ms. Maureen McGrath, Deputy Attorney General, argued the cause for appellants (Mr. John J. Degnan, Attorney General, attorney; Ms. Erminie L. Conley, Deputy Attorney General, of counsel).

Mr. Gerold Kanengiser argued the cause for respondents ADA Financial Service Corp. et al., Approved Insurance Agency, Inc., John Costa, Anthony C. Damore et al., F.T.P., Inc., et al., Victor M. Gardella et al., Richard W. Griffiths, Herbert Grossman, Alan Lazaroff and Breuche Agency, Jack Newbauer et al., Howard C. Newman et al., James T. Shidner et al., and William H. Wehe, t/a Westfield State Agency (Messrs. Gordon & Kanengiser, attorneys; Mr. Joseph Gordon, of counsel).

Mr. Marc. C. Gettis argued the cause for respondent Fred Allen Agency, Inc. (Mr. Lester Weiner & Associates, attorneys).

Mr. Robert J. Cirafesi argued the cause for respondents Berg Associates et al., and Ronald Frigerio et al. (Messrs. Wilentz, Goldman & Spitzer, attorneys).

Mr. Michael A. Spero argued the cause for respondents Mazauskas and City Insurance Services, Inc. (Messrs. McCarthy & Hicks, attorneys; Mr. John P. Sheridan, Jr., of counsel).

Mr. Joseph E. Irenas argued the cause for respondents Management Agency, Inc., et al. (Messrs. McCarter & English, attorneys; Ms. Jane S. Pollack, on brief).

No one appeared for respondent Garden State Insurance Agency or respondent Lomas & Nettleton Insurance Agency.

Before Judges MATTHEWS, KOLE and MILMED.


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

This is an appeal from a judgment of the Law Division declaring the provisions of N.J.S.A. 17:22-6.6a and 17B:22-8(c) unconstitutional as violative of the Equal Protection and Due Process Clauses of the Federal and State Constitutions. The provisions were enacted by L. 1975, c. 364, and became effective on March 3, 1976. N.J.S.A. 17:22-6.6a reads:

No insurance agent's...

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