Legal Opinion · Dissent
Medical Malpractice Insurance v. Superintendent of Insurance
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 1988Published
1Dissent
Asch and Rosenberger, JJ.,
dissent in the following memorandum by Asch, J. In rejecting the determination of the Superintendent of Insurance, the majority rejects the labors of successive Legislatures, two Governors of the State of New York, representatives of the public and the medical profession, all of whom have struggled to fashion a solution for the awesome problem of accelerating medical malpractice insurance costs. The result of their efforts, in my opinion, is a feasible plan to restrain such insurance rates, a plan which is clearly supported by statute and principles of constitutional…
2Cases cited8 opinions
- New York Public Interest Research Group, Inc. v. New York State Department of InsuranceNew York Court of Appeals · 1985
- MATTER OF GUARDIAN LIFE INS. CO. v. ChapmanNew York Court of Appeals · 1951
- MATTER OF AM. TRANSIT INS. CO. v. CorcoranNew York Court of Appeals · 1985
- Procaccino v. StewartNew York Court of Appeals · 1969
- American Transit Insurance v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1984
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