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INSURANCE CO. OF STATE OF PENNSYLVANIA v. CORCORAN

No. 678, Docket 87-7858.

850 F.2d 88 (1988)

The INSURANCE COMPANY OF the STATE OF PENNSYLVANIA, Plaintiff-Appellant, v. James P. CORCORAN, Superintendent of Insurance of the State of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 22, 1988.

Attorney(s) appearing for the Case

Edward P. Krugman, New York City (Patricia Dobberstein, Gary S. Hammersmith, Jeanne Lahiff (awaiting admission), Cahill Gordon & Reindel, New York City, of counsel), for plaintiff-appellant.

Hugh B. Weinberg, New York City (Robert Abrams, Atty. Gen. of the State of New York, Harvey M. Berman, Ann Horowitz, Asst. Attys. Gen., Martin Minkowitz, Deputy Superintendent and General Counsel of the Insurance Dept. of the State of New York, New York City, of counsel), for defendant-appellee.

John Harkavy, New York City (Theodore V.H. Mayer, John J. Sarchio, Steven W. Pelak, William R. Maguire, Hughes Hubbard & Reed, New York City, of counsel), for amicus curiae The Risk and Ins. Management Society, Inc.

Sandra L. Gilfillan, Kansas City, Mo., for amicus curiae National Ass'n of Ins. Com'rs.

Before LUMBARD, OAKES and WINTER, Circuit Judges.

WINTER, Circuit Judge:

The Product Liability Risk Retention Act of 1981 ("RRA"), as amended by the Liability Risk Retention Act of 1986, 15 U.S.C. §§ 3901-3906 (1982 & Supp. IV 1986), authorizes persons or businesses with similar or related liability exposure to form "purchasing groups" for the purpose of purchasing liability insurance on a group basis and "risk retention groups" for the purpose of self-insuring. 15 U.S.C. §§ 3901(a)(4) &...

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