RESEARCH GROUP v. DEPT OF INS


66 N.Y.2d 444 (1985)

In the Matter of New York Public Interest Research Group, Inc., et al., Respondents, v. New York State Department of Insurance, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1985.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Wayne L. Benjamin, Robert Hermann and Peter H. Schiff of counsel), for appellant.

Lewis B. Oliver, Jr., and Harriet B. Oliver for respondents.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE, ALEXANDER and TITONE concur.


MEYER, J.

The use in regulations promulgated by the Superintendent of Insurance pursuant to Insurance Law § 2329 of aggregate industry data rather than the individual carriers' line-by-line results in order to determine the excess profit to be refunded on motor vehicle insurance policies is not inconsistent with the provisions of that section. The order of the Appellate Division should, therefore, be reversed...

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