CHOPPER EXP. v. DEPARTMENT OF INS.


293 N.J. Super. 536 (1996)

681 A.2d 1226

CHOPPER EXPRESS, INC., PLAINTIFF-APPELLANT, v. DEPARTMENT OF INSURANCE OF THE STATE OF NEW JERSEY, AND PROGRESSIVE CASUALTY INSURANCE COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 13, 1996.


Attorney(s) appearing for the Case

W. Cary Edwards argued the cause for appellant (Edwards, Caldwell & Poff, attorneys; Carlet, Garrison & Klein, attorneys; Mr. Edwards, George L. Garrison and Norman I. Klein, of counsel and on the briefs; Douglas F. Doyle and Allan R. Jacobs, on the briefs).

B. Stephan Finkel, Deputy Attorney General, argued the cause for respondent Department of Insurance (Deborah T. Poritz, Attorney General, attorney; Mary C. Jacobson and Joseph L. Yannoti, Assistant Attorneys General, of counsel; Mr. Finkel on the briefs).

Marc L. Dembling argued the cause for respondent Progressive Casualty Insurance Co. (Berlin, Kaplan, Dembling & Burke, attorneys; Mr. Dembling, of counsel and on the briefs).

Before Judges PETRELLA, SKILLMAN and EICHEN.


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

The issue presented by this appeal is whether the Appeals Subcommittee of the governing committee established under the plan of operation of the New Jersey Automobile Insurance Plan, Commercial Automobile Insurance Plan (CAIP), is authorized to adjudicate a dispute regarding the amount of premiums owed by a party insured under the plan.

Appellant Chopper Express, Inc. (Chopper) is a trucking company...

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