New York Automobile Insurance Plan v. American Transit Insurance

OPINION OF THE COURT

Edward H. Lehner, J.

*792In this action plaintiff is seeking to recover assessments of $370,654.43 from defendant American Transit Insurance Company (American). The central issue raised by this motion by American to dismiss is whether the court should remand to the Superintendent of Insurance (the Superintendent) the issue posed herein as to whether American should be responsible for assessments when the Superintendent, as supervisor of its liquidation proceeding, had ordered the termination of the assignment of “assigned risk” insureds to it.

Plaintiff, the New York Automobile…