Guardian Life Insurance Co. of America v. Bohlinger
New York Court of Appeals
1Opinion of the CourtFuld, J.
In this Article 78 proceeding, we are called upon to decide whether certain action taken by the Superintendent of Insurance is subject to judicial review.
To purchase real estate as an investment (Insurance Law, § 81, subd. 7, par. [h]), a domestic insurance company does not require the Superintendent’s approval, while, to acquire real estate for use in its own business, such approval is essential (Insurance Law, § 81, subd. 7, pars, [a], [b]).1 In the case before us, the Superintendent denied an application made to him by Guardian Life Insurance Company for approval to purchase real property…
2Cases cited11 opinions
- Switchmen's Union v. National Mediation BoardSupreme Court of the United States · 1943
- Federal Communications Commission v. RCA Communications, Inc.Supreme Court of the United States · 1953
- Hecht v. MonaghanNew York Court of Appeals · 1954
- Barry v. O'ConnellNew York Court of Appeals · 1951
- Matter of Schwab v. McElligottNew York Court of Appeals · 1940
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3Cited by74 opinions
- Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
- Mount St. Mary's Hospital v. CatherwoodNew York Court of Appeals · 1970
- Lakeland Water District v. Onondaga County Water AuthorityNew York Court of Appeals · 1969
- Baer v. NyquistNew York Court of Appeals · 1974
- In re the Arbitration between Shand & Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
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