AMERICAN EMPLOYERS' INSURANCE COMPANY, THE EMPLOYERS' FIRE INSURANCE COMPANY, AND THE NORTHERN ASSURANCE COMPANY OF AMERICA, APPELLANTS,
v.
COMMISSIONER OF INSURANCE, DEPARTMENT OF INSURANCE, STATE OF NEW JERSEY, RESPONDENT. IN THE MATTER OF DETERMINATION OF EXCESS PROFITS AS TO AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY AND AMERICAN PROTECTION INSURANCE COMPANY. WEST AMERICAN INSURANCE COMPANY AND THE OHIO CASUALTY GROUP OF INSURANCE COMPANIES, APPELLANTS,
v.
DEPARTMENT OF INSURANCE, STATE OF NEW JERSEY, RESPONDENT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued September 19, 1989.
Decided October 23, 1989.
Attorney(s) appearing for the Case
Elizabeth J. Sher argued the cause for appellants in Docket A-6166-87T2 (Pitney, Hardin, Kipp & Szuch, attorneys; Elizabeth J. Sher and David M. Fabian on the brief).
Richard R. Spencer, Jr. argued the cause for appellants in Docket A-364-88T2 (Stryker, Tams & Dill, attorneys; Bressler, Amery & Ross, of counsel; Mark L. Mucci on the brief).
Alan H. Bernstein argued the cause for appellants in Docket A-636-88T2 (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Alan H. Bernstein and David S. Bernstein on the brief).
Joseph L. Yannotti, Deputy Attorney General, argued the cause for respondent in Dockets A-6166-87T2, A-364-88T2 and A-636-88T2 (Peter N. Perretti, Jr., Attorney General, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; Joseph L. Yannotti on the brief).
Before Judges PRESSLER, LONG and LANDAU.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by LANDAU, J.A.D.
These are three separately docketed appeals by the insurance companies footnoted below1 (Insurers) from final determinations made in 1988 by the New Jersey Commissioner of Insurance (Commissioner) which directed each individual insurer to return excess profits to policyholders pursuant to N.J.S.A. 17:29A-5.4 for the years 1985...
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