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COLONIAL INS. CO. v. CURIALE

205 A.D.2d 58 (1994)

In the Matter of Colonial Life Insurance Company of America, Respondent-Appellant, v. Salvatore R. Curiale, as Superintendent of Insurance of The State of New York, et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 13, 1994

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Deirdre Roney of counsel), for Salvatore R. Curiale, appellant-respondent.

Hinman, Straub, Pigors & Manning, Albany (Bartley J. Costello, III, of counsel), for New York State Conference of Blue Cross and Blue Shields Plan, appellant-respondent.

LeBoeuf, Lamb, Greene & MacRae, New York City (Jay G. Safer, Stephen H. Orel and Ellen M. Dunn of counsel), for respondent-appellant.

Couch, White, Brenner, Howard & Feigenbaum, Albany (Harold N. Iselin of counsel), for New York State Health Maintenance Organization Conference, amicus curiae.

Windels, Marx, Davies & Ives, New York City (Craig P. Murphy of counsel), for Health Insurance Association of America, amicus curiae.

MIKOLL, J. P., CREW III, WHITE and YESAWICH JR., JJ., concur.

PETERS, J.

Petitioner is a commercial insurance company which issues small group health insurance policies in this State. Petitioner challenged two regulations promulgated by respondent Superintendent of Insurance to implement chapter 501 of the Laws of 1992 (hereinafter chapter 501). Chapter 501 requires a commercial insurer doing business in this State to employ "community rating"1

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