HIP OF NJ, INC. v. DEPT. OF BANKING & INS.


309 N.J. Super. 538 (1998)

HIP OF NEW JERSEY, INC., D/B/A HIP HEALTH PLAN OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE, DEFENDANT-RESPONDENT. PHP HEALTHCARE CORPORATION AND PINNACLE HEALTH ENTERPRISES, L.L.C., A WHOLLY OWNED SUBSIDIARY OF PHP, PLAINTIFFS/INTERVENORS-APPELLANTS. PUBLIC INTEREST LAW CENTER OF NEW JERSEY, INC., AND NEW JERSEY CITIZEN ACTION, DEFENDANTS/INTERVENORS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1998.


Attorney(s) appearing for the Case

Andrew Samson, argued the cause for appellant (Wolff & Samson, attorneys).

Frank M. Ciuffani, argued the cause for intervenors/appellants (Wilentz, Goldman & Spitzer, attorneys; Frederick K. Becker, of counsel; Mr. Becker, Richard J. Byrnes and Michael C. Mathis, on the brief).

Josh Lichtblau, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General, attorney; Mary Jacobson, Assistant Attorney General, of counsel; Mr. Lichtblau, on the brief).

Renee Steinhagen, argued the cause for intervenors/respondents (Public Interest Law Center of New Jersey, Inc., attorneys; Ms. Steinhagen, on the brief.)

Before Judges PRESSLER, CONLEY and CARCHMAN.


The opinion of the court was delivered by CARCHMAN, J.S.C (temporarily assigned).

This appeal requires us to determine whether an Asset Purchase Agreement and Health Services Agreement and annexed schedules (the Agreements) provided in support of an application to amend a Certificate of Authority issued by the State of New Jersey, as well as the letter approving the amendment (the Letter, or collectively, the Documents...

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