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KOLBE v. AETNA LIFE

119 Misc.2d 942 (1983)

Nina Kolbe et al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. Aetna Life & Casualty Companies et al., Defendants.

Supreme Court, Erie County.

June 28, 1983

Attorney(s) appearing for the Case

Rivkin, Leff, Sherman & Radler (Frank L. Amoroso of counsel), for Kemper Group, defendant. Good, Lapat, Beyer & Hamilton for Merchants Insurance Company of New Hampshire, Inc., defendant. Robert M. Kiebala for Liberty Mutual Insurance Company, defendant. Hurwitz & Fine for Empire Mutual Insurance Company, defendant. Moot & Sprague for Group Protection, Inc., defendant. Raichle, Banning, Weiss & Halpern and Cahill, Gordon & Reindel (Ralph L. Halpern of counsel), for Aetna Life & Casualty Companies and others, defendants. Mattar, D'Agostino, Kogler & Runfola (Lawrence J. Mattar of counsel), for plaintiffs.

THOMAS P. FLAHERTY, J.

The first-impression question presented on this motion to dismiss is whether subdivision 5 of section 677 of the Insurance Law, enacted in 1973, requiring motor vehicle insurers to return excess profits to policyholders had become effective prior to the commencement of the underlying action herein. For the reasons stated below, this question must be answered in the negative and the complaint dismissed.

In 1973 the State...

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