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MATTER OF MONTUORI v. CORCORAN

160 A.D.2d 621 (1990)

In the Matter of Philip J. Montuori, Petitioner, v. James P. Corcoran, as Superintendent of Insurance of The State of New York, Respondent In the Matter of DEF Brokerage Facility, Inc., et al., Petitioners, v. James P. Corcoran, as Superintendent of Insurance of The State of New York, Respondent

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

April 26, 1990

The Superintendent's determination that petitioners violated Insurance Law § 2119 (c) (1) by improperly collecting service fees from contractors for procuring surety bonds for them without obtaining a signed memorandum specifying the amount of the service fee, is supported by substantial evidence and rationally based. Similarly, the Superintendent's interpretation of Insurance Law § 2119 (c) (1) to include within the meaning of "insured" a contractor who purchases...

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