Legal Opinion

In Re the Department of Insurance's Order Nos. A89-119 & A90-125

Supreme Court of New Jersey

Decided July 29, 1992PublishedCited by 16 opinions

1Opinion of the Court

The opinion of the Court was delivered by

O’HERN, J.

The central issue in this appeal is whether the Legislature intended, through its “flex-rate” provisions, to allow insurers to implement, without prior approval, a minimum annual increase of three percent in private-passenger automobile-insurance rates as an incentive to the restructuring of the automobile-insurance market. The flex-rate provisions, N.J.S.A. 17:29A-44, set a statutory cap on the “Statewide average rate change,” beyond which rates cannot automatically increase without prior approval from the Commissioner of Insurance *367(the…

2Cases cited16 opinions

  1. Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
  2. Metromedia, Inc. v. Director, Division of TaxationSupreme Court of New Jersey · 1984
  3. Merin v. MaglakiSupreme Court of New Jersey · 1992
  4. State v. MaguireSupreme Court of New Jersey · 1980
  5. NJ Builders, Owners and Managers Association v. BlairSupreme Court of New Jersey · 1972

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

3Cited by16 opinions

  1. George Harms Construction Co. v. New Jersey Turnpike AuthoritySupreme Court of New Jersey · 1994
  2. Brady v. Department of PersonnelSupreme Court of New Jersey · 1997
  3. In Re the "Plan for Orderly Withdrawal From New Jersey" of Twin City Fire InsuranceSupreme Court of New Jersey · 1992
  4. In re Certain Amendments to the Adopted & Approved Solid Waste Management PlanSupreme Court of New Jersey · 1993
  5. In Re Reorganization of Medical Inter-Insurance Exchange of New JerseyNew Jersey Superior Court Appellate Division · 2000

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

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