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HEALTH INS ASSN v. CORCORAN

140 Misc.2d 255 (1988)

In the Matter of Health Insurance Association of America et al., Petitioners, v. James P. Corcoran, as Superintendent of Insurance, Respondent.

Supreme Court, Albany County.

April 16, 1988

Attorney(s) appearing for the Case

Paul Weiss Rifkind Wharton & Garrison and DeGraff, Foy, Conway, Holt-Harris & Mealey for petitioners. Robert Abrams, Attorney-General (Rosalie J. Hronsky of counsel), for respondent. Morrison & Foerster for Lambda Legal Defense & Education Fund, Inc., amicus curiae.

DANIEL H. PRIOR, JR., J.

Petitioners challenge the legality of respondent's amendments to 11 NYCRR part 52 relating to the prohibition against requiring or considering body fluid tests for evidence of Human Immuno Deficiency Virus (HIV) in the application for or the risk management determinations of insurability for health insurance (individual and small group).

Petitioners set forth seven separate...

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