WASHINGTON POST v. INS DEPT


61 N.Y.2d 557 (1984)

In the Matter of The Washington Post Company, Appellant, v. New York State Insurance Department et al., Respondents, and Metropolitan Life Insurance Company et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided March 29, 1984.


Attorney(s) appearing for the Case

Janet E. Milne, of the Maine and District of Columbia Bars, admitted pro hac vice, for appellant.

Robert Abrams, Attorney-General (Paul M. Glickman, Peter H. Schiff and Martin Minkowitz of counsel), for New York State Insurance Department and another, respondents.

John R. O'Hanlon, Robert A. Kirtland and John L. Ryan for New York Life Insurance Company, intervenor-respondent.

William J. Toppeta and John L. Viola for Metropolitan Life Insurance Company, intervenor-respondent.

Werner Weinstock and Norman L. Tolle for The Equitable Life Assurance Society of the United States, intervenor-respondent.

Cornish F. Hitchcock, John Cary Sims and Alan B. Morrison for Freedom of Information Clearing House, amicus curiae.

Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


Chief Judge COOKE.

The minutes of insurance company meetings that are given by the companies to the New York State Insurance Department for its examination constitute "records" within the meaning of the New York Freedom of Information Law (FOIL). Consequently, they are subject to public review under FOIL unless it is established that the documents are, in whole or in part, subject to a statutory exemption.

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