MATTER OF 1997 ASSESSMENTS


710 A.2d 1041 (1998)

311 N.J. Super. 600

In the Matter of the 1997 ASSESSMENTS MADE BY the NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION PURSUANT TO N.J.S.A. 17:30A-8.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1998.


Attorney(s) appearing for the Case

Elmer M. Matthews, Trenton, for appellants American Insurance Association and Alliance of American Insurers (Sterns & Weinroth, attorneys; Mr. Matthews, of counsel and on the brief; Susan Stryker and Mitchell A. Livingston, on the brief).

Eleanor Heck, Trenton, for respondents Commissioner of Banking and Insurance and Department of Banking and Insurance (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Heck and Melissa H. Raksa, Deputy Attorneys General, on the brief).

Cynthia J. Borrelli, Florham Park, for respondent New Jersey Property-Liability Insurance Guaranty Association (Bressler, Amery & Ross, attorneys; Richard R. Spencer, Jr., on the brief).

Before Judges LONG, KLEINER and KIMMELMAN.


The opinion of the Court was delivered by KIMMELMAN, J.A.D.

At issue in this appeal is the contention raised by appellants American Insurance Association and Alliance of American Insurers1 that the Commissioner of Banking and Insurance (Commissioner) had no legal authority to direct the New Jersey Property-Liability Insurance Guaranty Association (PLIGA) to make an eighth annual assessment of $160 million on their members to help defray...

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