IN THE MATTER OF THE COMMISSIONER OF INSURANCE'S MARCH 24, 1992 ORDER REGARDING THE JANUARY 24, 1992 RATE FILING BY THE MARKET TRANSITION FACILITY OF NEW JERSEY.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued April 24, 1992.
Decided May 1, 1992.
Attorney(s) appearing for the Case
Michael R. Cole argued the cause for appellant Chubb Group of Insurance Companies (Riker, Danzig, Scherer, Hyland & Perretti, attorneys) in A-4014-91T5F and appellant Allstate Insurance Company (Smith, Stratton, Wise, Heher & Brennan and Foulkrod Reynolds & Havas, attorneys) in A-4012-91T5F (S. Walter Foulkrod, III, pro hac vice, John J. Degnan, Lawrence C. Johnson, and Louis Nagy, of counsel; Michael R. Cole, Suzanne M. McSorley, Thomas E. Hastings and James C. Meyer, of counsel and on the brief).
Julius B. Poppinga argued the cause for appellants Atlantic Employers Insurance Company, Pacific Employers Insurance Company, Colonial Penn Insurance Company (McCarter & English, attorneys); Lumbermens Mutual Casualty Company, American Manufacturers Mutual Insurance Company, American Motorist Insurance Company, American Protection Insurance Company, Transamerica Insurance Company, Utica Mutual Insurance Company (Bressler, Amery & Ross, attorneys); Liberty Mutual Insurance Company (Cuyler, Burk & Matthews, attorneys) in A-4015-91T5F; and appellant Continental Insurance Company (Shanley & Fisher, attorneys) in A-4011-91T5 (Julius B. Poppinga of counsel and on the brief, Rosalie Burrows, Gerard G. Brew, Cynthia J. Borrelli, Anne Mohan, and William Becker, on the brief).
Susan Stryker argued the cause for appellant Aetna Casualty and Surety Company in A-3784-91T5F (Hannoch Weisman, attorneys, Susan Stryker and Mark F. Horning, pro hac vice, on the letter brief).
Thomas P. Weidner argued the cause for appellant State Farm Mutual Automobile Insurance Company in A-4013-91T5F (Jamieson, Moore, Peskin & Spicer, attorneys, Thomas P. Weidner on the letter brief).
Joseph L. Yannotti, Assistant Attorney General argued the cause for respondent (Edward J. Dauber, Acting Attorney General, attorney, Joseph L. Yannotti of counsel, Sharon M. Hallanan, Thomas M. Hunt, Adam Scaramella, Katherine G. Motley, and Donald Bunda, Deputy Attorneys General, on the brief).
Wilfredo Caraballo, Public Advocate, (Theresa Brown, Deputy Public Advocate, on the letter brief).
Clapp & Eisenberg, attorneys for amicus curiae American Insurance Association (Elmer M. Matthews of counsel and on the letter brief, Frederic S. Kessler on the letter brief).
Before Judges R.S. COHEN, A.M. STEIN and KESTIN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by R.S. COHEN, J.A.D.
These are appeals by some 20 companies that write most of the auto insurance in New Jersey. They challenge the validity of Order No. A92-158, issued by the Commissioner of Insurance on March 24, 1992 ("the Order"). The Order declines to implement an April 1, 1992 rate increase requested by the Market Transition Facility ("MTF") to meet a premium shortfall. It creates instead (by amendment of the MTF Plan...
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