Allstate Insurance v. Hernandez

Goldstein, J.,

dissents and votes to affirm the order appealed from, with the following memorandum: From July 1995 until July 1996, Elsie C. Daniels was covered by an Assigned Risk Policy issued under the New York Automobile Insurance Plan (hereinafter, the assigned-risk plan). The rules of the assigned-risk plan constitute “a comprehesive regulatory scheme which supplants the rights and liabilities of parties to an ordinary insurance contract” (Matter of Bowley Assocs. v State of N. Y. Ins. Dept., 98 AD2d 521, 526, affd 63 NY2d 982). Assigned-risk plan contracts are special relationships…