MATTER OF COM'R OF INS. CERTIFICATE


254 N.J. Super. 620 (1992)

604 A.2d 172

IN THE MATTER OF THE COMMISSIONER OF INSURANCE'S CERTIFICATION OF AMENDMENT TO THE NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION PLAN OF OPERATION.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1992.


Attorney(s) appearing for the Case

Kevin L. Lilly argued the cause for appellant State Farm Mutual Automobile Insurance Company, (Jamieson, Moore, Peskin & Spicer, attorneys; Suzanne McSorley, of the firm of Smith, Stratton, Wise, Heher & Brennan, attorneys for appellant Allstate Insurance Company, on the joint brief).

William DeSantis argued the cause for appellant Hanover Insurance Company (Kenney & Kearney, attorneys; Suzanne McSorley, on the joint brief).

Bressler, Amery & Ross, attorneys for appellant Continental Casualty Company, on the joint brief.

McCarter & English, attorneys for appellant Indemnity Insurance Company of North America, on the joint brief.

Cuyler, Burk & Matthews, attorneys for appellant Liberty Mutual Insurance Co., on the joint brief.

Carpenter, Bennett & Morrissey, attorneys for appellant Prudential Property & Casualty Co., on the joint brief.

Budd, Larner, Gross & Picillo, Rosenbaum, Greenberg & Sade, attorneys for appellant Travelers Indemnity Co., on the joint brief.

Hugh P. Francis argued the cause for respondent New Jersey Automobile Full Insurance Underwriting Association (Francis & Berry, attorneys; Hugh P. Francis, of counsel, Peter A. Olsen, on the brief).

Karen L. Suter, Deputy Attorney General, argued the cause for respondent State of New Jersey, Department of Insurance (Douglas S. Eakeley, Acting Attorney General of New Jersey, attorney; Paul H. Schneider, Deputy Attorney General, of counsel, Louis A. Haszu, Deputy Attorney General, on the brief).

Before Judges KING, GRUCCIO and BROCHIN.


The opinion of the court was delivered by BROCHIN, J.A.D.

By this opinion, we decide two consolidated appeals which challenge the validity of an amendment to the plan of operation of the New Jersey Automobile Full Insurance Underwriting Association which provides for the initiation and funding of legal proceedings asserting monetary claims for the benefit of the Association against its servicing carriers.1 The appellants

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