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ALLIANCE OF AMERICAN INSURERS v. CUOMO

No. 727, Docket 87-7888.

854 F.2d 591 (1988)

ALLIANCE OF AMERICAN INSURERS, National Association of Independent Insurers, New York State Insurance Association, Allstate Insurance Company, Government Employees Insurance Co., Liberty Mutual Insurance Co., Lumbermans Mutual Casualty Co., Metropolitan Property & Liability Insurance Co., Utica Mutual Insurance Company, Richard C. Van Essendelft, and Gerald J. Pierce, Plaintiffs-Appellants, v. Mario M. CUOMO, in his capacity as Governor of the State of New York, James P. Corcoran, in his capacity as Superintendent of the Department of Insurance of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 9, 1988.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, New York City (Kenneth R. Feinberg, David O. Bickart, William F. Tyndall, of counsel), for plaintiffs-appellants.

Robert Abrams, New York State Atty. Gen. (Jane Breslin Jacobs, New York City, of counsel), for defendants-appellees.

Before TIMBERS and KEARSE, Circuit Judges and WEXLER, District Judge.

WEXLER, District Judge.

Introduction

This action involves a challenge to the constitutionality of §§ 8 and 40 of Chapter 266 of the New York Medical and Dental Malpractice and Professional Conduct Act of 1986 (the "1986 Act"). Plaintiffs are three insurance trade associations, six insurance companies, and two insurance policy holders. The insurance companies and at least 132 association members write property and casualty insurance in the...

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