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DENTAL ASS'N v. METRO. LIFE INS.

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36 A.3d 1066 (2012)

424 N.J. Super. 160

NEW JERSEY DENTAL ASSOCIATION, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY and Aetna Life Insurance Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 2012.

Attorney(s) appearing for the Case

Arthur Meisel argued the cause for appellant.

Patricia A. Lee argued the cause for respondent Aetna Life Insurance Company (Connell Foley, LLP, attorneys; Liza M. Walsh , Marc D. Haefner , Neil V. Shah , Roseland, and Ms. Lee , on the joint brief).

Brown & Connery, LLP, attorneys for respondent Metropolitan Life Insurance Company ( Michael Vassalotti , Westmont, on the joint brief).

James L. Griffith, Jr. (Akin Gump Strauss Hauer & Feld, LLP), attorney for respondent Metropolitan Life Insurance Company (Mr. Griffith, on the joint brief).

Christine DiMarzio , Deputy Attorney General, argued the cause for amicus curiae Department of Banking and Insurance ( Paula T. Dow , Attorney General, attorney; Ms. DiMarzio , on the brief).

Before Judges PARRILLO, GRALL and ALVAREZ.

The opinion of the court was delivered by

GRALL, J.A.D.

In conjunction with dental plans approved by the Commissioner of the Department of Banking and Insurance (Commissioner or Department) pursuant to the selective contracting law, N.J.S.A. 17B:27A-54, Metropolitan Life Insurance Company and Aetna Life Insurance Company (collectively the carriers), offer an ancillary program for dental service not covered...

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