AMERICAN INS. CO. v. STATE

No. 96.

30 N.Y.3d 136 (2017)

2017 NY Slip Op 07385

AMERICAN ECONOMY INSURANCE COMPANY et al., Respondents, v. STATE OF NEW YORK et al., Appellants.

Court of Appeals of New York.

Decided October 24, 2017.


Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Steven C. Wu , Barbara D. Underwood , Claude S. Platton and Philip V. Tisne of counsel), for appellants.

Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C. ( Seth P. Waxman and David M. Lehn of counsel), Wilmer Cutler Pickering Hale and Dorr LLP, New York City ( Alan E. Schoenfeld of counsel), and Greenberg Traurig LLP, Albany ( Cynthia E. Neidl of counsel), for respondents.

Carlton Fields Jorden Burt, P.A., New York City ( Robert D. Helfand of counsel), and Carlton Field Jorden Burt, P.A., Hartford, Connecticut, for American Insurance Association and others, amici curiae.

Blank Rome LLP, New York City ( Jared Zola and Kevin R. Doherty of counsel), for Electrical Employers Self-Insurance Safety Plan, amicus curiae.

Chief Judge DiFiORE and Judges RIVERA, STEIN, GARCIA, WILSON and FEINMAN concur.


OPINION OF THE COURT

Workers' compensation insurance is a heavily regulated area of the law. Any modification almost always has a prospective impact and can sometimes have a retroactive impact on the parties to the insurance coverage contract. At issue here is the New York State Legislature's 2013 amendment to Workers' Compensation...

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