Legal Opinion

Medical Society v. Serio

New York Court of Appeals

Decided October 21, 2003PublishedCited by 180 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

This appeal tests the authority of the Superintendent of Insurance to promulgate certain new regulations respecting no-fault automobile insurance benefits, primarily those reducing the time frames for claiming and proving entitlement to such benefits. Petitioners challenge the regulations on a variety of statutory and constitutional grounds. We hold that promulgation of the challenged regulations was within the lawful authority of the Superintendent; that their adoption was undertaken in substantial compliance with the State Administrative Procedure Act;…

2Cases cited11 opinions

  1. Boreali v. AxelrodNew York Court of Appeals · 1987
  2. Nicholas v. KahnNew York Court of Appeals · 1979
  3. 8200 Realty Corp. v. LindsayNew York Court of Appeals · 1970
  4. New York Public Interest Research Group, Inc. v. New York State Department of InsuranceNew York Court of Appeals · 1985
  5. MTR SCHWARTFIGURE v. HartnettNew York Court of Appeals · 1994

6 more not listed; retrieve them via the Exa API.

3Cited by180 opinions

  1. Pommells v. PerezNew York Court of Appeals · 2005
  2. Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
  3. Viviane Etienne Medical Care v. Country-Wide Ins.New York Court of Appeals · 2015
  4. State Farm Mutual Automobile Insurance v. MallelaNew York Court of Appeals · 2005
  5. General Electric Capital Corp. v. New York State Division of Tax AppealsNew York Court of Appeals · 2004

175 more not listed; retrieve them via the Exa API.

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