American Transit Insurance v. New York State Insurance

Appellate Division of the Supreme Court of New York

American Transit Insurance v. New York State Insurance

176 A.D.2d 460, 574 N.Y.S.2d 362, 1991 N.Y. App. Div. LEXIS 12669

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

DecidedOctober 1, 1991

StatusPublished

This text of 176 A.D.2d 460 (American Transit Insurance v. New York State Insurance) 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, 176 A.D.2d 460, 574 N.Y.S.2d 362, 1991 N.Y. App. Div. LEXIS 12669 (N.Y. Ct. App. 1991).

Pincite

Opinion

Judgment, Supreme Court, New York County (Francis Pécora, J.), entered May 7, 1990, denying a petition to annul respondent’s denial of an insurance license, unanimously affirmed, without costs.

Respondent denied petitioner a license to underwrite accident and health insurance, on the ground that petitioner sought to enter a new line of business at a time when its financial health was in doubt over several years. A court should generally defer to the Superintendent’s special expertise unless his determination is irrational or runs counter to statutory language (Matter of Medical Malpractice Ins. Assn. v Superintendent of Ins. of State of N. Y., 72 NY2d 753, cert denied 490 US 1080), which petitioner has not demonstrated here. Concur—Carro, J. P., Rosenberger, Wallach, Asch and Kassal, JJ.

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Judgment, Supreme Court, New York County (Francis Pécora, J.), entered May 7, 1990, denying a petition to annul respondent’s denial of an insurance license, unanimously affirmed, without costs.

Respondent denied petitioner a license to underwrite accident and health insurance, on the ground that petitioner sought to enter a new line of business at a time when its financial health was in doubt over several years. A court should generally defer to the Superintendent’s special expertise unless his determination is irrational or runs counter to statutory language (Matter of Medical Malpractice Ins. Assn. v Superintendent of Ins. of State of N. Y., 72 NY2d 753, cert denied 490 US 1080), which petitioner has not demonstrated here. Concur—Carro, J. P., Rosenberger, Wallach, Asch and Kassal, JJ.

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Bluebook (online)

176 A.D.2d 460, 574 N.Y.S.2d 362, 1991 N.Y. App. Div. LEXIS 12669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-transit-insurance-v-new-york-state-insurance-nyappdiv-1991.

Opinion

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