IN THE MATTER OF THE PRODUCER ASSIGNMENT PROGRAM ESTABLISHED PURSUANT TO N.J.S.A. 17:33B-9C, AND AMENDING ORDER NO. A91-281. IN THE MATTER OF THE PRODUCER ASSIGNMENT PROGRAM ESTABLISHED PURSUANT TO N.J.S.A. 17:33B-9C, AND AMENDING ORDER NO. A91-281. IN THE MATTER OF AMENDED ORDER A-92-226 OF THE COMMISSIONER OF INSURANCE REGARDING MANDATORY PRODUCER ASSIGNMENT PROGRAM UNDER FAIRA. IN THE MATTER OF THE COMMISSIONER OF INSURANCE ORDER NOS. A-92-288 AND A-92-255, REGARDING THE PRODUCER ASSIGNMENT PLAN. IN THE MATTER OF THE ASSIGNMENT OF PRODUCERS TO THE TRAVELERS GROUP PURSUANT TO THE PRODUCER ASSIGNMENT PROGRAM. IN THE MATTER OF THE COMMISSIONER OF INSURANCE ORDER NO. A92-288 REGARDING THE PRODUCER ASSIGNMENT PLAN. IN THE MATTER OF THE COMMISSIONER OF INSURANCE'S JULY 2, 1992 ORDER REGARDING THE PRODUCER ASSIGNMENT PROGRAM ESTABLISHED PURSUANT TO N.J.S.A. 17:33B-9C, AND AMENDING ORDER NO. A91-281.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued December 15, 1992.
Decided January 8, 1993.
Attorney(s) appearing for the Case
Elmer M. Matthews argued the cause for appellant The Travelers Group (Clapp & Eisenberg, attorneys; Frederic S. Kessler and Harvey C. Kaish, on the brief).
Wesley S. Caldwell, III argued the cause for appellants United Services Automobile Association and USAA Casualty Insurance Company (LeBoeuf, Lamb, Leiby & MacRae, attorneys; William F. Megna, Richard J. Wolf, Robert J. Bhend, Mark L. Mucci, Francis V. Cook, on the brief).
Susan Stryker argued the cause for appellant Aetna Casualty and Surety Company (Hannoch Weisman, attorneys).
Deborah T. Poritz argued the cause on behalf of amicus curiae State Farm Mutual Insurance Automobile Insurance Company and State Farm Indemnity Company (Jamieson, Moore, Peskin & Spicer, attorneys; Ms. Poritz, Thomas P. Weidner, Ross A. Lewin and Julie R. Tattoni, on the brief).
Smith, Stratton, Wise, Heher & Brennan, attorneys for appellant Allstate Insurance Company (John Havas admitted pro hac vice for Foulkrod, Reynolds & Havas; John Havas, Larry L. Miller and Penny A. Bennett, on the brief).*
Bernard M. Flynn, Deputy Attorney General, argued the cause for respondent New Jersey Department of Insurance (Edward J. Dauber, Acting Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Flynn, Thomas M. Hunt, Adam Scaramella and Katherine G. Motley, Deputy Attorneys General, on the brief).
Before Judges PRESSLER, MUIR, Jr. and KESTIN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by PRESSLER, P.J.A.D.
This is yet another chapter in the ongoing saga of the automobile insurance industry's continuing challenge to the Fair Automobile Insurance Reform Act of 1990, N.J.S.A. 17:33B-1 to -63 (FAIRA), and the manner in which the Commissioner of Insurance has chosen to implement and enforce that Act. At issue here are the actions taken by the Commissioner to effectuate the producer assignment program mandated...
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