[Download] "Matter Allstate Insurance Company Et Al. v. Richard E. Stewart" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Allstate Insurance Company Et Al. v. Richard E. Stewart
- Author : Supreme Court of New York
- Release Date : January 15, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
By letter dated November 26, 1969, the office of the New York State Superintendent of Insurance adopted an assigned risk automobile
insurance plan submitted by the Governing Committee of a group of insurance companies, of which petitioners were members,
but non-consenting to this plan. This was "subject to approval of forms to be used in connection with said proposals and to
be submitted prior to the proposed effective date of the Plan." The effective date of the Plan was December 22, 1969. This
article 78 proceeding was commenced April 20, 1970 to set aside the determination, and the only question before us is the
effective date of the four months' Statute of Limitations. (CPLR 217; Matter of Menechino v. Division of Parole, 26 N.Y.2d
837.) The applicable CPLR provision (217) requires that the proceeding "be commenced within four months after the determination
to be reviewed becomes final and binding upon the petitioner". The petitioners were involved and knew that the decision of
the Superintendent of Insurance affected them. The approval of forms was merely incidental. The thought that the Statute of
Limitations should not begin to run until any necessary events occur subsequent to the determination by the agency is simply
"that a party should not be put to the expense of challenging action which may not affect him, on pain of having his proceeding
barred as untimely if it turns out that as a result of subsequent events he is affected." (8 Weinstein-Korn-Miller, N. Y.
Civ. Prac., par. 7804.02.) Inasmuch as the binding date was November 26, 1969, the petition must be dismissed by virtue of
the Statute of Limitations.