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INSURERS' ACTION COUNCIL, INC. v. MARKMAN

Civ. No. 3-76-440.

490 F.Supp. 921 (1980)

INSURERS' ACTION COUNCIL, INC., a Nebraska Corporation, Woodmen Accident & Life Company, a Nebraska Corporation; Time Insurance Company, a Wisconsin Corporation; Mutual of Omaha Insurance Company, a Nebraska Corporation; Business Men's Assurance Company of America, a Missouri Corporation; the Midwest Life Insurance Company of Lincoln, Nebraska; Mutual Protection Insurance Company, a Nebraska Corporation; American Republic Insurance Company, an Iowa Corporation; American Home Assurance Company, a New York Corporation; Illinois Mutual Life & Casualty Company, an Illinois Corporation; Physicians Mutual Insurance Company, a Nebraska Corporation, Plaintiffs, v. Michael MARKMAN, Commissioner of Insurance, the Minnesota Department of Commerce, Insurance Division, and Minnesota Comprehensive Health Association, Defendants, v. UNITED CEREBRAL PALSY, Minnesota Epilepsy League, Minnesota Association for Retarded Citizens, Michael L. Berde and Carole T. Berde, Intervenors.

United States District Court, D. Minnesota, Third Division.

May 21, 1980.

Attorney(s) appearing for the Case

Frank Claybourne, Doherty, Rumble & Butler, St. Paul, Minn., and Robert J. Schmit, Joseph R. Kernan, Jr., McGovern, Opperman & Paquin, Minneapolis, Minn., for plaintiffs.

Warren Spannaus, Atty. Gen., by Richard B. Allyn, Chief Deputy Atty. Gen., and Richard S. Slowes and Reynaud Harp, Sp. Asst., Attys. Gen., St. Paul, Minn., for defendants Michael Markman, Commissioner of Ins., and the Minnesota Dept. of Commerce, Ins. Div.

Warren Spannaus, Atty. Gen., by Richard B. Allyn, Chief Deputy Atty. Gen., John F. Stone and Margo S. Struthers, Minneapolis, Minn., for defendant Minnesota Comprehensive Health Association.

Patricia A. Suita, Legal Aid Society of Minneapolis, Inc., Minneapolis, Minn., for defendant intervenors.

Warren Spannaus, Atty. Gen., by John A. Breviu, Sp. Asst. Atty. Gen., Minneapolis, Minn., for amicus Commissioner of Health.

Richard W. Johnson, Grand Marais, Minn., for amicus, Health Ins. Ass'n of America.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

This declaratory judgments action by accident and health insurance carriers against Minnesota Insurance regulatory officials challenges the constitutionality of the Minnesota Comprehensive Health Insurance Act which makes minimum health insurance benefits available to all persons in the state. The law, first enacted in 1976 and amended in 1977, 1978, 1979 and 1980 requires insurance carriers to offer certain minimum...

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