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MATTER OF CONSOL. MUT. INS. CO.

110 A.D.2d 698 (1985)

In the Matter of Consolidated Mutual Insurance Company. Superintendent of Insurance of the State of New York, Appellant; Harold J. Levy, on Behalf of Himself and All Others Similarly Situated, et al., Respondents

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

April 8, 1985

Order affirmed, with costs.

The claimants have demonstrated that they have met the prerequisites of CPLR 901 for the maintenance of a class action (see, e.g., Hoerger v Board of Educ., 98 A.D.2d 274, 283). Nothing in the Insurance Law prevents this claim from being pursued as a class action; moreover, Insurance Law former § 543 (now Insurance Law § 7432) has been...

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