IN RE NEW JERSEY MEDICAL MALPRACTICE REINSURANCE RECOVERY FUND SURCHARGE, ADOPTED NEW RULES, N.J.A.C. 11:18.
HENRY J. MINEUR, M.D., HILLEL BEN-ASHER, M.D., MICHAEL H. HANDLER, M.D., DANIEL A. SMALL, M.D., LOIS M. DERITTER, M.D., AND THE MEDICAL INTER-INSURANCE EXCHANGE OF NEW JERSEY, PLAINTIFFS-APPELLANTS,
v.
COMMISSIONER OF INSURANCE, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.
THE MEDICAL SOCIETY OF NEW JERSEY, DOUGLAS M. CONSTABILE, M.D., PALMA E. FORMICA, M.D., PAUL J. HIRSCH, M.D., JOSEPH A. RIGGS, M.D., JEROME I. COHEN, M.D., JOHN DURST, M.D., RONALD KRASNICK, M.D., IRVING P. RATNER, M.D., PLAINTIFFS-APPELLANTS,
v.
SAMUEL FORTUNATO [SUCCESSOR TO MERIN], COMMISSION OF THE DEPARTMENT OF INSURANCE FOR THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued September 17, 1990.
Decided February 13, 1991.
Attorney(s) appearing for the Case
Herbert J. Stern argued the cause of appellant Medical Society of New Jersey (Hellring, Lindeman, Goldstein, Siegal, Stern & Greenberg, attorneys, Herbert J. Stern and David S. Stone, of counsel).
Kevin R. Jespersen argued the cause for appellants Henry J. Minuer, M.D., Hillel Ben-Asher, M.D., Michael H. Handler, M.D., Daniel A. Small, M.D., Lois M. Deritter, M.D. and The Medical Inter-Insurance Exchange (Norris, McLaughlin & Marcus, attorneys, Kevin R. Jespersen, M. Karen Thompson, Amy Wechsler, on the brief).
Sharon M. Hallanan, First Deputy Attorney General, argued the cause for respondent Commissioner of Insurance (Robert J. Del Tufo, Attorney General of New Jersey, attorney, Joseph L. Yannotti, Deputy Attorney General, of counsel, Sharon M. Hallanan on the brief).
Richard R. Spencer, Jr., argued the cause for respondent-intervenor New Jersey Property-Liability Insurance Guaranty Association (Bressler, Amery & Ross, attorneys, Richard R. Spencer, Jr., of counsel, Cynthia J. Borrelli and Jon W. Olson on the brief).
Hugh P. Francis argued the cause for intervenor New Jersey Medical Malpractice Reinsurance Association (Francis & Berry, attorneys, Hugh P. Francis of counsel, Terrence Smith on the brief).
Before Judges J.H. COLEMAN, DREIER and ASHBEY.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by J.H. COLEMAN, P.J.A.D.
These are three consolidated appeals challenging the methodology employed in N.J.A.C. 11:18-1 et seq. to finance a deficit incurred by a legislatively-created fund to pay certain medical malpractice claims. The regulations require certain licensed medical practitioners and health care facilities, namely physicians, podiatrists and hospitals, to pay surcharges on their medical malpractice...
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