American Transit Insurance v. New York State Insurance Department

Appellate Division of the Supreme Court of New York

American Transit Insurance v. New York State Insurance Department

182 A.D.2d 465

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 14, 1992

StatusPublished

This text of 182 A.D.2d 465 (American Transit Insurance v. New York State Insurance Department) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Transit Insurance v. New York State Insurance Department, 182 A.D.2d 465 (N.Y. Ct. App. 1992).

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Opinion

Order of the Supreme Court, New York County (David Saxe, J.), entered on or about November 19, 1991, which supplemented a prior order of the same court entered on October 30, 1991, is unanimously modified, on the law, the facts and in the exercise of discretion, to delete that portion of the order which enjoins the New York State Insurance Department from taking any actions that interfere with American Transit Insurance Company’s normal transaction of business, and is otherwise affirmed, without costs.

Order of the same court, entered on November 20, 1991, which directed the New York State Insurance Department to apply to the court for further instructions and directions before taking further regulatory action pertaining to American Transit Insurance Company, is unanimously affirmed, without costs.

That part of the IAS court’s order dated November 19, 1991, which broadly enjoined the Insurance Department from taking any actions that would interfere with plaintiff-respondent company’s normal transaction of business went beyond what was required to implement the court’s decision on the matter and should be deleted from the order since it emanates the potential for being misconstrued that could lead to unnecessary further court proceedings.

We have examined the parties’ remaining contentions and find that they are without merit. Concur — Carro, J. P., Milonas, Ellerin and Ross, JJ.

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Order of the Supreme Court, New York County (David Saxe, J.), entered on or about November 19, 1991, which supplemented a prior order of the same court entered on October 30, 1991, is unanimously modified, on the law, the facts and in the exercise of discretion, to delete that portion of the order which enjoins the New York State Insurance Department from taking any actions that interfere with American Transit Insurance Company’s normal transaction of business, and is otherwise affirmed, without costs.

Order of the same court, entered on November 20, 1991, which directed the New York State Insurance Department to apply to the court for further instructions and directions before taking further regulatory action pertaining to American Transit Insurance Company, is unanimously affirmed, without costs.

That part of the IAS court’s order dated November 19, 1991, which broadly enjoined the Insurance Department from taking any actions that would interfere with plaintiff-respondent company’s normal transaction of business went beyond what was required to implement the court’s decision on the matter and should be deleted from the order since it emanates the potential for being misconstrued that could lead to unnecessary further court proceedings.

We have examined the parties’ remaining contentions and find that they are without merit. Concur — Carro, J. P., Milonas, Ellerin and Ross, JJ.

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Bluebook (online)

182 A.D.2d 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-transit-insurance-v-new-york-state-insurance-department-nyappdiv-1992.