In the Matter of New York State Association of Life Underwriters, Inc., et al., Appellants,
v.
New York State Banking Department et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 10, 1994.
Decided March 30, 1994.
Attorney(s) appearing for the Case
Hinman, Straub, Pigors & Manning, P. C., Albany (Bartley J. Costello, III, Kimberly C. Lawrence and Ann M. Kappler of counsel), and Jenner & Block, of the District of Columbia Bar, admitted pro hac vice, for appellants.
G. Oliver Koppell, Attorney-General, Albany (John McConnell, Jerry Boone and Peter H. Schiff of counsel), for respondents.
Frank W. Hunger, Assistant Attorney General, Mark B. Stern, Jacob M. Lewis, William P. Bowden, Jr., L. Robert Griffin, Ernest C. Barrett, III, and Yvonne D. McIntire, of the District of Columbia Bar, admitted pro hac vice, for the Comptroller of the Currency of the United States, amicus curiae.
Sullivan & Cromwell, New York City (John L. Warden, H. Rodgin Cohen, Michael M. Wiseman, Theodore Edelman, Robert J. Giuffra, Jr., and Lisa J. Laplace of counsel), and David L. Glass for The New York State Bankers Association, amicus curiae.
Chief Judge KAYE and Judges SIMONS, BELLACOSA, LEVINE and CIPARICK concur; Judge TITONE taking no part.
Court of Appeals of the State of New York.
SMITH, J.
The issues in this case are (1) whether the State Banking Law authorizes State-chartered commercial banks to purchase and sell annuities, either directly or through a subsidiary, and (2) whether annuities are insurance and, thus, within the express statutory proscription of sales by commercial banks.
On December 20, 1989 and February 12, 1990, pursuant...
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