IN RE ALLSTATE INS. CO.


179 N.J. Super. 581 (1981)

432 A.2d 1366

IN RE ALLSTATE INSURANCE COMPANY.

Superior Court of New Jersey, Appellate Division.

Findings of Fact December 26, 1980.

Reargued April 6, 1981.

Decided July 13, 1981.


Attorney(s) appearing for the Case

Bruce I. Goldstein argued the cause for appellant Allstate Insurance Company (Saiber, Schlesinger, Satz & Goldstein, attorneys).

Peter D. Pizzuto, Deputy Attorney General, argued the cause for respondent Commissioner of Insurance (James R. Zazzali, Attorney General of New Jersey, attorney; Peter D. Pizzuto, of counsel; John J. Degnan, former Attorney General of New Jersey, and John J. Hayden, Deputy Attorney General, on the brief).

David G. Paul, Assistant Deputy Public Advocate, argued the cause for respondent-intervenor Public Advocate (Stanley C. Van Ness, Public Advocate, attorney; Jasper J. Jackson, Deputy Public Advocate, of counsel; Mr. Paul and Steven H. Hobbs, Assistant Deputy Public Advocate, on the brief).

Before Judges SEIDMAN, LANE and MORTON I. GREENBERG.


Argued September 15, 1980 — Remanded to Office of Administrative Law for Hearing and Findings of Fact.

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

The primary issue raised by this appeal is whether the Commissioner of Insurance may bar an insurer which becomes a subscriber to a rating organization from adopting the rates, schedules and policy forms previously approved for use by such subscribers without the specific approval of the Commissioner...

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