Legal Opinion
Blue Cross & Blue Shield v. McCall
New York Court of Appeals
Decided November 19, 1996PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The primary issue before this Court is whether the Legislature has the constitutional authority to assign to the Comptroller the power to conduct audits of private health insurance corporations which are subject to substantial State regulation. We hold that the plain language of the New York State Constitution prohibits the Legislature from doing so. Despite the broad authority given to the Legislature to delegate duties to the Comptroller, such powers may not abrogate constitutionally defined limitations. The order of the Appellate Division so holding should…
2Cases cited8 opinions
- Marine Midland Bank-New York v. Graybar Electric Co.New York Court of Appeals · 1977
- New York Public Interest Research Group, Inc. v. New York State Department of InsuranceNew York Court of Appeals · 1985
- People v. . FormosaNew York Court of Appeals · 1892
- Case v. . the PeopleNew York Court of Appeals · 1879
- New York Public Interest Research Group, Inc. v. New York State Thruway AuthorityNew York Court of Appeals · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Canal Insurance Co. v. Hopkins, Texas Court of Appeals, 12th District (Tyler)2007
- McCall v. Barrios-PaoliNew York Court of Appeals · 1999
- Paramount Communications, Inc. v. Gibraltar Casualty Co.New York Court of Appeals · 1997
- Dinallo v. DiNapoliNew York Court of Appeals · 2007
- New York Charter Schools Ass'n v. DiNapoliNew York Court of Appeals · 2009
16 more not listed; retrieve them via the Exa API.