Legal Opinion
Excellus Health Plan, Inc. v. Serio
New York Court of Appeals
Decided April 6, 2004PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
This appeal calls upon us to decide whether the Superintendent of Insurance may exercise his premium rate review and approval authority to disapprove or modify rate increases or decreases deemed approved under file and use provisions. For the reasons that follow, we conclude that he may not.
I
In 1995, the Legislature enacted Insurance Law §§ 4321 and 4322 (L 1995, ch 504, § 12), which were intended to make affordable health care coverage available to individuals who buy their own health insurance. These provisions mandate all Insurance Law article 43 not-for-profit…
2Cases cited4 opinions
- Riley v. County of BroomeNew York Court of Appeals · 2000
- Raritan Development Corp. v. SilvaNew York Court of Appeals · 1997
- Castro v. United Container MacHinery Group, Inc.New York Court of Appeals · 2001
- Excellus Health Plan, Inc. v. SerioAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by17 opinions
- Emmerling v. Town of Richmond Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
- Miranda v. Norstar Building Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- United University Professions v. StateAppellate Division of the Supreme Court of the State of New York · 2006
- Schiffer v. SchifferNew York Supreme Court · 2011
- Stinton v. Robin's Wood, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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