AFFILIATED FM INS. CO. v. STATE


770 A.2d 741 (2001)

AFFILIATED FM INSURANCE COMPANY; Allendale Mutual Insurance Company; American Modern Home Insurance Company; Arkwright Mutual Insurance Company; Calvert Insurance Company; Cambridge Mutual Fire Insurance Company; Merrimack Mutual Fire Insurance Company; Bay State Insurance Company; Chester County Mutual Insurance Company; Chrysler Insurance Company; The Church Insurance Company; Cumberland Insurance Company, Inc.; Cumberland Mutual Fire Insurance Company; Farmers' Mutual Fire Assurance Association of New Jersey; Fitchburg Mutual Insurance Company; FMI Insurance Company; Franklin Mutual Insurance Company; Garden State Indemnity Co., Inc.; The Hartford Steam Boiler Inspection and Insurance Company; Jewelers Mutual Insurance Company; Mercer Mutual Insurance Company; Pawtucket Mutual Insurance Company; Penn Mutual Insurance Company; Preferred Mutual Insurance Company; Protection Mutual Insurance Company; The Providence Mutual Fire Insurance Company; Quincy Mutual Fire Insurance Company; Farmers Mutual Insurance Company of Salem County; Salem Insurance Company; State Capital Insurance Company; and LMI Insurance Company, Plaintiffs-Appellants, v. The STATE of New Jersey; Karen L. Suter, in her official capacity as Acting Commissioner of the State of New Jersey, Department of Banking and Insurance; State of New Jersey, Department of Banking and Insurance; and Roland M. Machold, in his official capacity as Treasurer of the State of New Jersey, Defendants-Respondents, and Property-Liability Insurance Guaranty Association, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 2001.


Attorney(s) appearing for the Case

David S. Stone, Hasbrouck Heights, argued the cause for appellants (Freedman & Stone, attorneys; Mr. Stone, on the brief).

Eleanor Heck, Deputy Attorney General, argued the cause for respondents (John J. Farmer, Jr., Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Ms. Heck, on the brief).

Before Judges PRESSLER, KESTIN and ALLEY.


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

Plaintiffs are thirty-one property and casualty insurance companies licensed to do business in this State. All are members of the Property-Liability Insurance Guaranty Association (PLIGA) created in 1974 by N.J.S.A. 17:30A-1 to -20. None of them, during the time period pertinent to this appeal, wrote automobile insurance. They challenge the constitutionality...

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