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MINIHANE v. WEISSMAN

226 A.D.2d 152 (1996)

640 N.Y.S.2d 102

Alfred S. Minihane, on Behalf of Himself and All Others Similarly Situated, Appellant-Respondent, v. Jerry Weissman et al., Respondents, and Empire Blue Cross and Blue Shield, Respondent-Appellant. (And Four Other Actions.)

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

April 4, 1996

Plaintiff brings this action, on his own behalf and on behalf of a putative class of similarly situated high risk Empire Blue Cross and Blue Shield subscribers, alleging that defendants submitted false and misleading documentation to the Superintendent of Insurance, giving rise to a filed rate which was fraudulently obtained. However, we agree with the ruling of the IAS Court that the filed rate doctrine bars these claims. The filed rate doctrine prevents challenges to rates...

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