Legal Opinion

Travelers Insurance v. Cuomo

District Court, S.D. New York

Decided February 9, 1993No. 92 Civ. 3999 (LJF), 92 Civ. 5419 (LJF)PublishedCited by 16 opinions

1Opinion of the Court

OPINION AND ORDER

FREEH, District Judge.

These consolidated actions involve a challenge by plaintiffs The Travelers Insurance Company (“Travelers”) and The Health Insurance Association of America (“HIAA”), among others, to a number of New York statutes imposing surcharges on the hospital rates for certain categories of payors (the “Surcharges”). Travelers also challenges a Department of Insurance letter interpreting some of those provisions (the “Actuarial Letter”).

In their complaints, plaintiffs claim that the Surcharges and Actuarial Letter are preempted by the Employee Retirement Income…

2Cases cited48 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  4. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  5. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992

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3Cited by16 opinions

  1. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
  2. The Travelers Insurance Company v. CuomoCourt of Appeals for the Second Circuit · 1994
  3. United Wire, Metal & Machine Health & Welfare Fund v. Morristown Memorial HospitalCourt of Appeals for the Third Circuit · 1993
  4. Combined Management, Inc. v. Superintendent of the Bureau of Insurance of the State of MaineCourt of Appeals for the First Circuit · 1994
  5. Travelers Insurance v. CuomoCourt of Appeals for the Second Circuit · 1993

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