BLUE CROSS v. COOPER


164 A.D.2d 578 (1991)

In the Matter of Blue Cross of Western New York, Inc., Appellant, v. Wendy E. Cooper, as Acting Superintendent of Insurance of The State of New York, Respondent

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

January 24, 1991


Attorney(s) appearing for the Case

Thomas A. Fortunato for appellant.

Robert Abramsn, Attorney-General (Leslie B. Neustadt of counsel), for respondent.

MAHONEY, P. J., LEVINE, MERCURE and HARVEY, JJ., concur.


CASEY, J.

At issue on this appeal is whether petitioner has standing to challenge respondent's determinations which allegedly approved the continued marketing and sale of a health insurance contract by one of petitioner's competitors at a rate which is allegedly inadequate and actuarially unsound. The contract, referred to by the parties as a TCX contract, combines the benefits of three separate health insurance...

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