MATTER OF PROGRESSIVE CAS. INS. CO.


307 N.J. Super. 93 (1997)

IN THE MATTER OF THE APPEAL BY PROGRESSIVE CASUALTY INSURANCE COMPANY FROM ORDER NO. A96-138 ISSUED BY THE COMMISSIONER OF BANKING AND INSURANCE.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 1997.


Attorney(s) appearing for the Case

Douglas S. Eakeley argued the cause for appellant Progressive Casualty Insurance Company (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Mr. Eakeley, of counsel and on the brief with Robert L. Lombardi).

Eleanor Heck, Deputy Attorney General, argued the cause for respondent Commissioner of Banking and Insurance (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Heck, on the brief).

M. Paige Berry argued the cause for respondent New Jersey Commercial Automobile Insurance Plan (Picco Herbert & Kennedy, attorneys; Ms. Berry, of counsel and on the brief).

Before Judges PRESSLER, WALLACE and CARCHMAN.


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

Progressive Casualty Insurance Company appeals from an order entered by the Acting Commissioner of Insurance (Commissioner) affirming, as neither arbitrary, capricious nor inconsistent with law, a determination by the Governing Committee of the New Jersey Commercial Automobile Insurance Plan (CAIP), following a hearing before it in September 1995, denying...

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