New York Public Interest Research Group, Inc. v. New York State Department of Insurance

OPINION OF THE COURT

Meyer, J.

The use in regulations promulgated by the Superintendent of Insurance pursuant to Insurance Law § 2329 of aggregate industry data rather than the individual carriers’ line-by-line results in order to determine the excess profit to be refunded on motor vehicle insurance policies is not inconsistent with the provisions of that section. The order of the Appellate Division should, therefore, be reversed, with costs, and judgment granted in favor of defendant declaring 11 NYCRR part 166 to be valid.

I

Petitioners/plaintiffs (hereafter plaintiffs) are the New York Public…