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MATTER OF MARKOWITZ v. SERIO

11 N.Y.3d 43 (2008)

2008 NY Slip Op 05775

In the Matter of MARTY MARKOWITZ, as Brooklyn Borough President, Appellant, v. GREGORY V. SERIO, as Superintendent of the State of New York Insurance Department, Respondent, and FARMERS NEW CENTURY INSURANCE COMPANY et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided June 26, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Drake Colley, Edward F.X. Hart, Alan H. Kleinman and Tahirih M. Sadrieh of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York City (Benjamin N. Gutman, Barbara D. Underwood and Cecelia C. Chang of counsel), for respondent.

Chadbourne & Parke LLP, New York City (Richard G. Liskov of counsel), and Dewey & LeBoeuf LLP (Ellen M. Dunn and Kelly H. Tsai of counsel) for intervenors-respondents.

Melito & Adolfsen P.C., New York City (S. Dwight Stephens of counsel), and Wiley Rein LLP, Washington, D.C. (Craig A. Berrington and Gary P. Seligman of counsel), for American Insurance Association and others, amici curiae.

Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and JONES concur with Judge PIGOTT; Judge SMITH concurs in result in a separate opinion.

OPINION OF THE COURT

PIGOTT, J.

"Redlining," as the term is used in the insurance industry, is an insurer's refusal to issue or renew, or its cancellation of, a policy premised exclusively on the geographic location of the risk. Concerned that auto insurers were engaging in that practice, Marty Markowitz, Brooklyn Borough President and petitioner in this proceeding, filed two Freedom of Information Law (FOIL) requests with the State Insurance Department...

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