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BYAN v. PRUDENTIAL INS. CO. OF AM.

242 A.D.2d 456 (1997)

662 N.Y.S.2d 44

Harriet Byan, on Behalf of Herself and All Others Similarly Situated, Appellant, v. Prudential Insurance Company of America, Respondent

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

September 16, 1997

The filed rate doctrine (see, Keogh v Chicago & Northwestern Ry. Co., 260 U.S. 156) bars judicial challenges under the common law to a rate fixed by a regulatory agency (see, County of Suffolk v Long Is. Light. Co., 728 F.2d 52, 61-62). The doctrine precludes plaintiff's claim herein that she was damaged by being required to pay the premium rate approved by the Superintendent...

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