City Title Insurance v. Superintendent of Insurance

This is an article 78 proceeding in which petitioner seeks to set aside the disapproval by respondent, the Superintendent of Insurance of the State of New York, of petitioner’s proposed premium manual on the ground that the premium rates therein listed for title insurance do not include petitioner’s charges for title examination preceding the issuance of the insurance.

Petitioner contends that respondent has no statutory or other authority to fix rates for title examinations, since they do not involve any element of insurance. It calls attention to the fact that section 432 of the Insurance…