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MATTER OF COM'R OF INSURANCE'S DECISION

266 N.J. Super. 457 (1993)

630 A.2d 295

IN THE MATTER OF THE COMMISSIONER OF INSURANCE'S DECISION ON LIBERTY MUTUAL FIRE INSURANCE COMPANY'S N.J.A.C. 11:3-16 RATE FILING.

Superior Court of New Jersey, Appellate Division.

Decided July 26, 1993.

Attorney(s) appearing for the Case

Stephen D. Cuyler argued the cause for appellant Liberty Mutual Fire Insurance Company (Cuyler, Burk & Matthews, attorneys; Mr. Cuyler, of counsel and on the brief, and Robert P. Kramer, on the brief).

Joseph L. Yannotti, Assistant Attorney General, argued the cause for respondent Commissioner of Insurance (Robert J. Del Tufo, Attorney General, attorney; Mr. Yannotti, of counsel and Bernard M. Flynn, Deputy Attorney General, on the brief).

Before Judges KING, BRODY and LANDAU.

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

Appellant, Liberty Mutual Fire Insurance Company (Liberty Mutual) appeals from denial by the New Jersey Commissioner of Insurance (Commissioner) of its N.J.A.C. 11:3-16.11 "pass-through" automobile insurance rate filing in which it sought recoupment of 1990 and 1991 payments of surtaxes and assessments imposed by the Fair Automobile Insurance Reform Act...

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