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MTR BOWLEY v. STATE INS DEPT

98 A.D.2d 521 (1984)

In the Matter of Bowley Associates, Ltd., et al., Respondents, v. State of New York Insurance Department et al., Appellants, and Automobile Insurance Plan, Intervenor-Appellant

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

January 24, 1984

Attorney(s) appearing for the Case

Martin J. Hertz of counsel (Marion S. Hertz and Steven M. Berlin with him on the brief; Friedlander, Gaines, Cohen, Rosenthal & Rosenberg, attorneys), for intervenor-appellant.

Robert S. Hammer of counsel (Melvyn R. Leventhal and Richard G. Liskov with him on the brief; Robert Abrams, Attorney-General, attorney), for appellants.

Laurence London of counsel (Richard L. Herzfeld with him on the brief; Kimmelman, Sexter & Sobel, attorneys), for respondents.

SILVERMAN, BLOOM, FEIN and KASSAL, JJ., concur.

ASCH, J.

Petitioners Bowley Associates, Ltd. (BAL), and John F. Bowley are duly licensed insurance brokers who have placed automobile insurance for many years through the New York Automobile Insurance Plan (NYAIP). That insurance is placed by submission of a completed NYAIP application along with the requisite deposit premium.

The NYAIP is an entity formed pursuant to section 63 of the Insurance Law....

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