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MATTER OF AETNA CAS. AND SUR. CO.

248 N.J. Super. 367 (1991)

591 A.2d 631

IN THE MATTER OF THE ASSIGNMENT OF EXPOSURES TO THE AETNA CASUALTY AND SURETY COMPANY, ALLSTATE INSURANCE COMPANY AND COLONIAL PENN INSURANCE COMPANY.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1991.

Attorney(s) appearing for the Case

Mark F. Horning, pro hac vice, argued the cause for appellant the Aetna Casualty and Surety Company (Hannoch Weisman, and Steptoe & Johnson, attorneys, Mark F. Horning and Susan Stryker on the brief).

Duane C. Quaini, pro hac vice, argued the cause for appellant Allstate Insurance Company (Smith, Stratton, Wise, Heher & Brennan, and Sonnenschein Nath & Rosenthal, attorneys, Duane C. Quaini, William J. Brennan, III, Suzanne M. McSorley, William T. Barker, Jeffrey P. Lennard and Steven M. Levy of counsel and on the brief).

Rosalie Burrows argued the cause for appellant Colonial Penn Insurance Company (McCarter & English, attorneys, Rosalie Burrows of counsel and Richard H. Bagger and Andrew O. Bunn on the brief).

Donald Parisi, Deputy Attorney General, argued the cause for respondent (Douglas S. Eakeley, Acting Attorney General, attorney, Joseph L. Yannotti, Deputy Attorney General, of counsel, Donald Parisi and Carol Johnston, Deputy Attorneys General, on the brief).

Before Judges LONG, R.S. COHEN and STERN.

The opinion of the court was delivered by COHEN, R.S., J.A.D.

Aetna, Allstate and Colonial Penn are insurers doing auto insurance business in New Jersey. On January 24, 1991, the Commissioner of Insurance ordered each of them to issue auto policies, commencing April 1, 1991, to thousands of "exposures" (private passenger cars requiring insurance) then insured in the "residual" market through the Joint Underwriting Association. The order was in furtherance of the phasing...

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