MATTER OF BLUE CROSS & BLUE SHIELD


239 N.J. Super. 434 (1990)

571 A.2d 985

IN THE MATTER OF THE NOVEMBER 14, 1989, NON-GROUP RATE FILING BY BLUE CROSS AND BLUE SHIELD OF NEW JERSEY.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1990.


Attorney(s) appearing for the Case

John V. Jacobi, Assistant Deputy Public Advocate, argued the cause for appellant The Public Advocate (Thomas S. Smith, Jr., Acting Public Advocate, attorney; John V. Jacobi, on the brief).

Clyde A. Szuch argued the cause for respondent Blue Cross & Blue Shield of NJ (Pitney, Hardin, Kipp & Szuch, attorneys; Dennis R. LaFiura, Elizabeth J. Sher, Peter J. Herrigel, on the brief).

Donald Parisi, Deputy Attorney General, argued the cause for respondent Commissioner of Insurance (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; Donald Parisi, on the letter brief).

Deborah A. Ellis argued pro hac vice the cause for amici curiae ACLU-NJ, ACLU Women's Rights Project, NOW-NJ, NOW Legal Defense and Education Fund, National Clearinghouse for Ending Sex Discrimination in Insurance, and Women's Political Caucus of NJ (Annamay Sheppard, attorney; Deborah A. Ellis, on the brief).

Walter R. Bliss, Jr., argued the cause for amici curiae NAACP Legal Defense and Educational Fund, Inc., NJ Citizen Action, NJ Council of Churches, NJ State AFL-CIO, NJ Public Health Association, NJ State Conference of NAACP Examiners (Walter R. Bliss, Jr. attorney; Walter R. Bliss, Jr. and Alison Wetherfield, of counsel and on the letter brief; Julius Levonne Chambers, Charlotte Rutherford and Marianne Engelman Lado, on the letter brief).

Before Judges PRESSLER, LONG and GRUCCIO.


The opinion of the court was delivered by PRESSLER, P.J.A.D.

The Public Advocate appeals from a final order entered by the Commissioner of Insurance on January 10, 1990, approving an average 24.6 percent increase in the rates Blue Cross and Blue Shield of New Jersey, Inc. (BCBS) may charge for all of its non-group contracts. The primary thrust of the Public Advocate's challenge attacks the Commissioner's approval of a demographic rating system for non-group subscribers...

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