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ALLSTATE v. SUPERINTENDENT

99 A.D.2d 278 (1984)

In the Matter of Allstate Life Insurance Company, Respondent, v. Superintendent of Insurance of the State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 23, 1984

Attorney(s) appearing for the Case

Lillian Z. Cohen of counsel (Melvyn R. Leventhal and Stanley A. Camhi with her on the brief; Robert Abrams, Attorney-General, attorney), for appellant.

Edward Thompson of counsel (T. Richard Kennedy and Deborah F. Peters with him on the brief; Cabell, Kennedy & French, attorneys), for respondent.

SULLIVAN, ROSS and LYNCH, JJ., concur with SANDLER, J.; KUPFERMAN, J. P., dissents in an opinion.

SANDLER, J.

Plaintiff, Allstate Life Insurance Company (Allstate), is a foreign life insurance company doing business in the State of New York and is thereby subject to regulation by the respondent Superintendent of Insurance pursuant to article 9-A of the Insurance Law. Allstate originally sought a "declaratory ruling" directly from the superintendent for permission to conduct in the fall of 1984 a seven-day...

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