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COALITION FOR QUALITY HEALTH CARE v. DEPT. OF BANKING & INS.

791 A.2d 1085 (2002)

348 N.J. Super. 272

COALITION FOR QUALITY HEALTH CARE, Physicians Union of New Jersey, Local Lodge 8, New Jersey Association of Osteopathic Physicians and Surgeons, Association of Trial Lawyers of America-New Jersey, and Richard Callahan, Plaintiff-Appellants, v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE, Division of Insurance, Defendant-Respondent, and National Association of Independent Insurers, American Insurance Association, Insurance Council of New Jersey, and Alliance of American Insurers, Respondents-Intervenors.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 2002.

Attorney(s) appearing for the Case

Richard Wildstein, Passaic, argued the cause for appellants (Goldstein, Ballen, O'Rourke & Wildstein, and Sagot, Jennings & Sigmond, attorneys; Richard Wildstein and James Katz, on the brief).

Doreen J. Piligian, Deputy Attorney General, argued the cause for respondent (John J. Farmer, Jr., Attorney General, attorney; Nancy Kaplan, Assistant Attorney General, of counsel; Ms. Piligian, on the brief).

Thomas P. Weidner, Princeton, argued the cause for intervenors (Windels, Marx, Lane & Mittendorf, attorneys; Mr. Weidner, of counsel and on the brief; David F. Swerdlow, Elizabeth J. Boyd, and Michael J. Canavan, on the brief).

Gerald H. Baker, Hoboken, argued the cause for amicus curiae New Jersey State Bar Association (Barry D. Epstein and Baker, Garber, Duffy & Pedersen, attorneys; Mr. Baker, on the brief).

Before Judges CONLEY, A.A. RODRIGUEZ and LISA.

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

In this case we consider the validity of approvals issued by the Commissioner of the Department of Banking and Insurance (Commissioner/DOBI) to precertification plans and policy forms of various insurers under the provisions of the Automobile Insurance Cost Reduction Act, L. 1998, c. 21 (AICRA) and regulations promulgated by the DOBI under AICRA. Appellants...

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