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AMERICAN FIRE & CAS. v. DEPT. OF INS.

256 N.J. Super. 423 (1992)

607 A.2d 196

AMERICAN FIRE AND CASUALTY COMPANY, OHIO CASUALTY INSURANCE COMPANY, AND WEST AMERICAN INSURANCE COMPANY, APPELLANTS, v. NEW JERSEY DEPARTMENT OF INSURANCE, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1992.

Attorney(s) appearing for the Case

Alan H. Bernstein argued the cause for appellants (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Alan H. Bernstein, on the brief).

Marilyn Sylvia, Deputy Attorney General, argued the cause for respondent (Douglas S. Eakeley, Acting Attorney General of New Jersey, of counsel and Carol Johnston, Deputy Attorney General, on the brief).

Before Judges ANTELL, BAIME and THOMAS.

The opinion of the court was delivered by ANTELL, P.J.A.D.

Appellants, member insurers of the Ohio Casualty Insurance Group, appeal from three identically worded orders which denied their request for relief from the surtaxes and assessments imposed on insurers by the Fair Automobile Insurance Reform Act of 1990 ("FAIR"), L. 1990, c. 8, N.J.S.A. 17:33B-1 et seq. FAIR imposes a 5% surtax on automobile premiums paid in New Jersey for a period...

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