New Jersey Ass'n of Independent Insurance Agents v. Hospital Service Plan

*474The opinion of the court was delivered by

Lynch, J. A. D.

Plaintiffs1 appeal from a summary judgment which declared that defendants Hospital Service Plan of New Jersey (“Blue Cross”) and Medical-Surgical Plan of New Jersey (“Blue Shield”)2 acted within their statutory powers in selling student accident insurance.3 The judgment also sustained the action of defendant McDonough, Commissioner of Insurance, in approving the policy so issued.

Appellants contend that, in issuing the student accident policies, the Plans acted beyond their statutory power and were acting as health and accident indemnity…