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ALLSTATE INS. CO. v. SERIO

98 N.Y.2d 198 (2002)

774 N.E.2d 180

746 N.Y.S.2d 416

ALLSTATE INSURANCE COMPANY et al., Respondents, v. GREGORY V. SERIO, as Acting Superintendent of Insurance of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided April 30, 2002.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Deon J. Nossel, Caitlin J. Halligan and Michael S. Belohlavek of counsel), for appellant.

Sullivan & Cromwell, New York City (Penny Shane and Ellen V. Holloman of counsel), for Allstate Insurance Company, respondent.

Maloney & Porcelli, New York City (William P. Maloney of counsel), for Government Employees Insurance Company and others, respondents.

Anderson Kill & Olick, P.C., New York City (Eugene R. Anderson, Jill L. Mandell of counsel), and Amy Bach, Mill Valley, California, for United Policyholders, amicus curiae.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

SMITH, J.

The issue before us, brought by certified questions from the Second Circuit, is whether various actions taken by the State Department of Insurance, including the promulgation and distribution of the advisory communication Circular Letter 4, comply with Insurance Law § 2610 (b). We conclude that they do not.

In the fall of 1992, the Department of Insurance initiated an investigation in the Rochester area to determine...

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