MATTER OF DEPT. OF INSURANCE'S ORDER


129 N.J. 365 (1992)

609 A.2d 1236

IN THE MATTER OF THE DEPARTMENT OF INSURANCE'S ORDER NOS. A89-119 AND A90-125 AND THE ADOPTION OF N.J.A.C. 11:3-16A.

The Supreme Court of New Jersey.

Decided July 29, 1992.


Attorney(s) appearing for the Case

Joseph L. Yannotti, Assistant Attorney General, argued the cause for appellant Department of Insurance (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Joseph L. Yannotti and Donald Parisi, Deputy Attorney General, on the briefs).

Thomas P. Weidner argued the cause for respondent State Farm Mutual Auto Insurance Co. (Jamieson, Moore, Peskin & Spicer, attorneys; Thomas P. Weidner and Deborah T. Poritz, of counsel; Thomas P. Weidner, Deborah T. Poritz, and Arthur F. Herrmann, on the briefs).


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

The central issue in this appeal is whether the Legislature intended, through its "flex-rate" provisions, to allow insurers to implement, without prior approval, a minimum annual increase of three percent in private-passenger automobile-insurance rates as an incentive to the restructuring of the automobile-insurance market. The flex-rate provisions, N.J.S.A. 17:29A-44, set a statutory cap on the "Statewide...

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