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EXCELLUS HEALTH PLAN v. SERIO

2 N.Y.3d 166 (2004)

809 N.E.2d 651

777 N.Y.S.2d 422

In the Matter of EXCELLUS HEALTH PLAN, INC., Respondent, v. GREGORY V. SERIO, as Superintendent of Insurance, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 2004.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Victor Paladino, Caitlin J. Halligan, Daniel Smirlock and Nancy A. Spiegel of counsel), for appellant.

Hinman Straub P.C., Albany (Bartley J. Costello, III, Kimberly C. Lawrence and David W. Novak of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt and R.S. Smith concur with Judge Read; Judge Graffeo concurs in part and dissents in part in a separate opinion.

OPINION OF THE COURT

READ, J.

This appeal calls upon us to decide whether the Superintendent of Insurance may exercise his premium rate review and approval authority to disapprove or modify rate increases or decreases deemed approved under file and use provisions. For the reasons that follow, we conclude that he may not.

I.

In 1995, the Legislature enacted Insurance Law §§ 4321...

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