Allstate Ins. Co. v. Stewart
| Court | New York Court of Appeals |
| Writing for the Court | FULD; JASEN; JASEN |
| Citation | 329 N.Y.S.2d 102,279 N.E.2d 858,29 N.Y.2d 925 |
| Parties | , 279 N.E.2d 858 In the Matter of ALLSTATE INSURANCE COMPANY et al., Appellants, v. Richard E. STEWART, as Superintendent of Insurance of the State of New York, et al., Respondents. |
| Decision Date | 13 January 1972 |
Page 102
v.
Richard E. STEWART, as Superintendent of Insurance of the
State of New York, et al., Respondents.
Page 103
[29 N.Y.2d 926] Robert J. Ward, Alfred J. Bohlinger and David H. Lieberman, New York City, for appellants.
Louis J. Lefkowitz, Atty. Gen. (Charles A. La Torella, Jr. and Samuel A. Hirshowitz, New York City, of counsel), for Superintendent of Insurance, respondent.
Edward Cherney, and Sidney Gaines, New York City, for New York Automobile Insurance Plan, respondent.
Philip Hoffer, Rose L. Hoffer, New York City, and Peter T. Affatato, Hicksville, for Empire Mutual Ins. Co., respondent.
Order affirmed, without costs, on the opinion at the Appellate Division.
FULD, C.J., and BURKE, BREITEL and GIBSON, JJ., concur.
JASEN, J., dissents and votes to reverse in the following opinion in which SCILEPPI and BERGAN, JJ., concur.
JASEN, Judge (dissenting).
Petitioners, insurance companies duly licensed to write motor vehicle liability insurance in the State of New York, voluntarily underwrote during 1968 and 1969 greater amounts of insurance on 'Class 2' risks (male drivers under 25) than was required under the New York State Assigned Risk Plan. The plan, in existence since 1960, permitted insurance companies to receive credit against their percentage of private passenger nonfleet automobile assigned premiums equal to 200% Of the [279 N.E.2d 859] 'Class 2' risks voluntarily written. Inasmuch as the necessary statistical data was not available at the expiration of each calendar year, the operating procedure of the plan was to apply this credit against risk assignments made two years after the voluntary writing. Thus, the credits earned in 1968 [29 N.Y.2d 927] and 1969 were to be applied to reduce risk assignments in 1970 and 1971 respectively.
Page 104
In 1969, the Superintendent of Insurance conducted hearings concerning a new assigned risk plan which, among other changes, provided for the phasing down of the 200% Credits earned in 1968 and 1969 to 175% For 1970 and 150% For 1971, respectively, with further phasing down thereafter so that by January 1, 1973, the credit would be 100%. On November 26, 1969, the Superintendent, in a letter to the respondent association, approved 'the Plan and rating proposals as submitted on November 26, 1969, subject to approval of forms to be...
To continue reading
Request your trial
-
Delaware County Elec. Co-op., Inc. v. Power Authority of State of N.Y.
...effective date of this agreement. We note in passing that Allstate Insurance Company v. Stewart, 36 A.D.2d 811, 320 N.Y.S.2d 193, aff'd 29 N.Y.2d 925, 329 N.Y.S.2d 102, 279 N.E.2d 858, motion for reargument denied, 30 N.Y.2d 694, 332 N.Y.S.2d 1025, 283 N.E.2d 432 is not in point because in ......
-
People v. Lewis
...of violence. A reading of the statute, having in mind what I deem the intent of the Legislature, leads me to conclude that a father, [29 N.Y.2d 925] who forces his child to have sexual relations with him, commits an 'assault' upon her within the sense of section 812 and that, consequently, ......
-
Nationwide Cellular Service Inc. v. Public Service Com'n of State of N.Y.
...could cause petitioner's challenge to prove untimely (see, Matter of Allstate Ins. Co. v. Stewart, 36 A.D.2d 811, 320 N.Y.S.2d 193, affd. 29 N.Y.2d 925, 329 N.Y.S.2d 102, 279 N.E.2d 858), thus rendering the challenge here ORDERED that the judgment is reversed, on the law, with costs against......
-
Loon Lake Estates, Inc. v. Adirondack Park Agency
...substantive impact (Matter of Allstate Insurance Co. v. Stewart et al., 36 A.D.2d 811, 320 N.Y.S.2d 193 (1st Dept., 1971), aff'd, 29 N.Y.2d 925, 329 N.Y.S.2d 102, 279 N.E.2d 858 (1972); Matter of Smith Co. v. Ingraham, 32 A.D.2d 188, 301 N.Y.S.2d 266 (3rd Dept., 1969); Matter of City of Syr......
-
Delaware County Elec. Co-op., Inc. v. Power Authority of State of N.Y.
...effective date of this agreement. We note in passing that Allstate Insurance Company v. Stewart, 36 A.D.2d 811, 320 N.Y.S.2d 193, aff'd 29 N.Y.2d 925, 329 N.Y.S.2d 102, 279 N.E.2d 858, motion for reargument denied, 30 N.Y.2d 694, 332 N.Y.S.2d 1025, 283 N.E.2d 432 is not in point because in ......
-
People v. Lewis
...of violence. A reading of the statute, having in mind what I deem the intent of the Legislature, leads me to conclude that a father, [29 N.Y.2d 925] who forces his child to have sexual relations with him, commits an 'assault' upon her within the sense of section 812 and that, consequently, ......
-
Nationwide Cellular Service Inc. v. Public Service Com'n of State of N.Y.
...could cause petitioner's challenge to prove untimely (see, Matter of Allstate Ins. Co. v. Stewart, 36 A.D.2d 811, 320 N.Y.S.2d 193, affd. 29 N.Y.2d 925, 329 N.Y.S.2d 102, 279 N.E.2d 858), thus rendering the challenge here ORDERED that the judgment is reversed, on the law, with costs against......
-
Loon Lake Estates, Inc. v. Adirondack Park Agency
...substantive impact (Matter of Allstate Insurance Co. v. Stewart et al., 36 A.D.2d 811, 320 N.Y.S.2d 193 (1st Dept., 1971), aff'd, 29 N.Y.2d 925, 329 N.Y.S.2d 102, 279 N.E.2d 858 (1972); Matter of Smith Co. v. Ingraham, 32 A.D.2d 188, 301 N.Y.S.2d 266 (3rd Dept., 1969); Matter of City of Syr......