AM. INSURERS v. CHU


154 A.D.2d 82 (1990)

Alliance of American Insurers et al., Appellants, v. Roderick Chu, as Commissioner of Taxation and Finance of The State of New York, et al., Respondents

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

March 1, 1990


Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler (Kenneth R. Feinberg of counsel), for Alliance of American Insurers and others, appellants.

LeBoeuf, Lamb, Leiby & MacRae (John M. Aerni of counsel), for State Farm Mutual Automobile Insurance Company and others, appellants.

Paul, Weiss, Rifkind, Wharton & Garrison (Robert S. Smith of counsel), for American Insurance Association and others, appellants.

Robert Abrams, Attorney-General (Peter G. Crary of counsel), for respondents.

MAHONEY, P. J., KANE, YESAWICH, JR., and MERCURE, JJ., concur.


MIKOLL, J.

The primary question involved on this appeal is whether the language in Insurance Law § 7607 (a) which established the Property/Casualty Insurance Security Fund (hereinafter Fund) created a contract which the State unconstitutionally impaired, depriving plaintiffs* of their property without due process of law or just compensation, by the enactment of Laws of 1979 ...

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