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STATE FARM MUT. AUTO. v. PUBLIC ADVOCATE

118 N.J. 336 (1990)

571 A.2d 957

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RESPONDENT AND CROSS-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF THE PUBLIC ADVOCATE, APPELLANT AND CROSS-RESPONDENT. NEW JERSEY DEPARTMENT OF THE PUBLIC ADVOCATE, APPELLANT, v. NEW JERSEY MEDICAL MALPRACTICE REINSURANCE ASSOCIATION, RESPONDENT. INSURANCE SERVICES OFFICE, INC., RESPONDENT AND CROSS-APPELLANT, v. NEW JERSEY DEPARTMENT OF THE PUBLIC ADVOCATE, APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 5, 1990.

Attorney(s) appearing for the Case

Richard E. Shapiro, Director, Division of Public Interest Advocacy, argued the cause for appellant and cross-respondent Department of the Public Advocate.

Thomas P. Weidner argued the cause for respondent and cross-appellant State Farm Mutual Automobile Insurance Company (Jamieson, Moore, Peskin & Spicer, attorneys; Thomas P. Weidner and Edward McCardell, on the briefs).

Elizabeth J. Sher argued the cause for respondent and cross-appellant Insurance Services Office, Inc. (Pitney, Hardin, Kipp & Szuch, attorneys; Elizabeth J. Sher, Clyde A. Szuch, and David M. Fabian, on the briefs).

Hugh P. Francis argued the cause for respondent New Jersey Medical Malpractice Reinsurance Association (Francis & Berry, attorneys; Evelyn Cadorin Farkas, on the brief).

Elmer M. Matthews argued the cause for amicus curiae American Insurance Association.

The opinion of the Court was delivered by O'HERN, J.

One essential aspect of the business of insurance is to predict the statistical occurrence of certain risks of human or business activities. The recent San Francisco earthquake and Hurricane Hugo bring the issues into focus. Every consumer of insurance runs a certain statistical risk of loss. In essence, the consumers pool their chances to minimize catastrophic individual losses. They pay premiums to insurance companies...

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