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MATTER OF INSURANCE'S ISSUANCE OF ORDERS A-92-189 AND A-92-212

274 N.J. Super. 385 (1993)

644 A.2d 616

IN MATTER OF THE COMMISSIONER OF INSURANCE'S ISSUANCE OF ORDERS A-92-189 AND A-92-212, AND ADOPTION OF N.J.A.C. 11:3-20.5 AND ADOPTION OF N.J.A.C. 11:3-20 — APPENDIX.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 1993.

Attorney(s) appearing for the Case

Thomas P. Weidner for appellants State Farm Mutual Automobile Insurance Company, Selective Insurance Company of America and Hanover Insurance Company (Jamieson, Moore, Peskin & Spicer, attorneys; Deborah T. Poritz, of counsel and on the brief and Lee R. Jamieson, on the brief).

Marilyn S. Silvia, Chief Deputy Attorney General, for respondent Department of Insurance (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel and Katherine G. Motley, Deputy Attorney General, on the brief).

Before Judges KING, BRODY and THOMAS.

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

This appeal concerns whether the Commissioner of Insurance exceeded his authority in promulgating a regulation, N.J.A.C. 11:3-20.5(e), under the Excess Profits Law, N.J.S.A. 17:29A-5.6 to -5.16, intended to implement the mandate of the Fair Automobile Insurance Reform Act of 1990, N.J.S.A. 17:33B-1 to -62; L. 1990, c. 8, (the FAIR Act) requiring that automobile insurers not...

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