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APPLIED UNDERWRITERS v. N.J. DOBI

DOCKET NO. A-0653-20.

275 A.3d 15 (2022)

472 N.J. Super. 26

APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., Applied Underwriters, Inc., Applied Risk Services, Inc., and Continental Indemnity Company, Plaintiffs-Appellants, v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE and Marlene Caride, in her official capacity as Commissioner of the New Jersey Department of Banking and Insurance, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 2022.

Attorney(s) appearing for the Case

Shand S. Stephens (DLA Piper, LLP) of the New York bar, admitted pro hac vice, argued the cause for appellants (DLA Piper, LLP, Duane Morris, LLP, Shand S. Stephens , and Anthony P. Coles (DLA Piper, LLP) of the New York bar, admitted pro hac vice, attorneys; Shand S. Stephens , Anthony P. Coles , Steven M. Rosato , New York, and Paul P. Josephson , on the briefs).

Jeffrey S. Posta , Deputy Attorney General, argued the cause for respondents ( Matthew J. Platkin , Acting Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Jeffrey S. Posta , on the brief).

Before Judges Sabatino, Natali, and Bishop-Thompson.

The opinion of the court was delivered by

This appeal purely concerns a question of jurisdiction. The question is whether the Commissioner of the Department of Banking and Insurance ("DOBI" or "the Department") may pursue an administrative action against two out-of-state companies and their two New Jersey affiliates for...

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