Legal Opinion
Alliance of American Insurers v. Chu
Appellate Division of the Supreme Court of the State of New York
Decided March 1, 1990PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Mikoll, J.
The primary question involved on this appeal is whether the language in Insurance Law § 7607 (a) which established the Property/Casualty Insurance Security Fund (hereinafter Fund) created a contract which the State unconstitutionally impaired, depriving plaintiffs* of their property without due process of law or just compensation, by the enactment of Laws of 1979 (ch 503) (hereinafter chapter 503) and Laws of 1982 (ch 55) (hereinafter chapter 55). The answer is in the negative for the reasons set forth below.
The Fund had its origins in Laws of 1947 (ch 801) and…
2Cases cited15 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
- Allied Structural Steel Co. v. SpannausSupreme Court of the United States · 1978
- Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980
- National Railroad Passenger Corp. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1985
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3Cited by1 opinion
- Alliance of American Insurers v. ChuNew York Court of Appeals · 1991