Legal Opinion

Evanston Ins. Co., Inc. v. Merin

District Court, D. New Jersey

Decided November 19, 1984No. Civ. A. 84-3743PublishedCited by 14 opinions

1Opinion of the Court

OPINION

SAROKIN, District Judge.

INTRODUCTION

The plaintiffs in this matter challenge the right of the State of New Jersey to impose fees upon them for issuing coverage insuring persons or property within the state. Primarily plaintiffs contest the constitutionality of the statute here in question on the ground that surplus lines insurance companies do not, indeed are not permitted to, do business in this state. All business of this nature must be conducted through authorized surplus lines brokers, and plaintiffs contend that they have no presence in this state which properly subjects them to…

2Cases cited71 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  5. World-Wide Volkswagen Corp. v. WoodsonSupreme Court of the United States · 1980

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3Cited by14 opinions

  1. Carpenter Technology Corp. v. Admiral InsuranceSupreme Court of New Jersey · 2002
  2. Avco Financial Services Consumer Discount Co. v. Director, Division of TaxationSupreme Court of New Jersey · 1985
  3. Indus. Dev. Assoc. v. Commercial Union Surplus Lines Ins. Co.New Jersey Superior Court Appellate Division · 1988
  4. Virgin Islands Bar Ass'n v. Government of the Virgin IslandsDistrict Court, Virgin Islands · 1986
  5. American Fire & Casualty Co. v. New Jersey Department of InsuranceNew Jersey Superior Court Appellate Division · 1992

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