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HEALTH INS. ASSN. v. CORCORAN

154 A.D.2d 61 (1990)

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

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

February 15, 1990

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Rosalie J. Hronsky of counsel), for appellant.

Paul, Weiss, Rifkind, Wharton & Garrison (Edward N. Costikyan of counsel), and DeGraff, Foy, Conway, Holt-Harris & Mealey for respondents.

Morrison & Foerster (Kim J. Landsman and Debra Freeman of counsel), and Lambda Legal Defense and Education Fund, Inc. (Evan Wolfson of counsel), for Lambda Legal Defense and Education Fund, Inc., amicus curiae.

Gregory Serio for Guy J. Velella, amicus curiae.

Martin S. Kaufman for Atlantic Legal Foundation, Inc., amicus curiae.

KANE, J. P., CASEY, MIKOLL and YESAWICH, JR., JJ., concur.

LEVINE, J.

In this proceeding, petitioners, who are various insurance company trade associations and single companies selling individual and small group health insurance policies, challenge the validity of a 1987 regulation promulgated by respondent, the State Superintendent of Insurance. The regulation (11 NYCRR 52.27) applies only to individual and small group health insurance policies, constituting 10% to...

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