ALLSTATE INS. CO. v. FORTUNATO


248 N.J. Super. 153 (1991)

590 A.2d 690

ALLSTATE INSURANCE COMPANY, AN ILLINOIS CORPORATION, PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. SAMUEL F. FORTUNATO, IN HIS OFFICIAL CAPACITY OF COMMISSIONER OF INSURANCE OF THE STATE OF NEW JERSEY, AND THE DEPARTMENT OF INSURANCE OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS, CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 1991.


Attorney(s) appearing for the Case

Patricia A. Kern, Deputy Attorney General, argued the cause for appellants in Aetna A-2850-90T5, respondents in Aetna A-2781-90T5 (Robert J. Del Tufo, Attorney General, attorney; Michael R. Clancy and Jack M. Sabatino, Assistant Attorneys General, of counsel, Patricia A. Kern and Marilyn S. Silvia, Deputy Attorneys General, on the brief).

Marilyn S. Silvia, Deputy Attorney General, argued the cause for appellants/cross-respondents in Allstate A-2927-90T5 (Douglas S. Eakeley, Acting Attorney General, attorney; Jack M. Sabatino, Assistant Attorney General, of counsel, Joseph L. Yannotti and Marilyn S. Silvia, Deputy Attorneys General, on the brief).

Susan Stryker argued the cause for respondents Aetna in A-2850-90T5 and appellants Aetna in A-2781-90T5 (Hannoch Weisman, attorneys, Susan Stryker, on the brief).

Duane C. Quaini, pro hac vice, argued the cause for respondent/cross-appellant Allstate (Smith, Stratton, Wise, Heher & Brennan, attorneys, William J. Brennan, III and Suzanne M. McSorley of counsel, Suzanne M. McSorley and Penny A. Bennett on the brief; Sonnenschein Nath & Rosenthal, attorneys).

Before Judges LONG, R.S. COHEN and STERN.


The opinion of the court was delivered by R.S. COHEN, J.A.D.

Allstate Insurance Company and Aetna Casualty and Surety Company ("the insurers")1 filed separate Chancery Division suits against Samuel E. Fortunato, Commissioner of Insurance. They sought declaratory and injunctive relief relating to their pending filings for approval of proposed increases in automobile insurance premium rates. The insurers both sought judgment declaring that...

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