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30 N.Y.3d 136 *; 87 N.E.3d 126 **; 65 N.Y.S.3d 94 ***; 2017 N.Y. LEXIS 3195 ****; 2017 NY Slip Op 07385
 American Economy Insurance Company et al., Respondents, v State of New York et al., Appellants.
Subsequent History: US Supreme Court certiorari denied by Am. Econ. Ins. Co. v New York, 2018 U.S. LEXIS 3440 (U.S., June 4, 2018)
Prior History: Appeal, on constitutional grounds, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered April 14, 2016. The Appellate Division (1) reversed, on the law, a judgment of the Supreme Court, New York County (Donna M. Mills, J.), which had dismissed the complaint upon an order of that Supreme Court granting defendants' motion to dismiss and denying plaintiffs' cross motion for summary judgment; (2) in effect denied defendants' motion to dismiss; (3) reinstated the complaint; (4) in effect granted plaintiffs' cross motion for summary judgment to the extent of declaring that Workers' Compensation Law § 25-a (1-a) as retroactively applied to policies issued before October 1, 2013 is unconstitutional; and (5) directed the Clerk to enter an amended judgment.
American Economy Ins. Co. v State of New York, 139 AD3d 138, 31 NYS3d 456, 2016 N.Y. App. Div. LEXIS 2801 (Apr. 14, 2016), reversed.
Disposition: Order reversed, without costs, and judgment granted in favor of defendants declaring that Workers' Compensation Law § 25-a (1-a) as applied to policies issued before October 1, 2013 is not unconstitutional.
insureds, workers' compensation, retroactive, carriers, costs, reopen a case, premiums, plaintiffs', impairment, contracts, policies, closure, benefits, coverage, unfunded, parties, obligations, cases, insurance policy, effective date, provisions, inasmuch, NYCIRB, contractual relationship, vested property interest, legislative amendment, insurance carrier, reopened, rights, new application
Insurance Law, Claim, Contract & Practice Issues, Premiums, Workers' Compensation & SSDI, Coverage, Types of Insurance, Governments, Legislation, Effect & Operation, Retrospective Operation, Administrative Proceedings, Awards, Types of Awards, Constitutional Law, Case or Controversy, Constitutionality of Legislation, Inferences & Presumptions, Evidence, Burdens of Proof, Proof Beyond Reasonable Doubt, Congressional Duties & Powers, Contracts Clause, Application & Interpretation, Scope, Bill of Rights, Fundamental Rights, Eminent Domain & Takings, Statutory Remedies & Rights, Substantive Due Process, The Judiciary, Constitutionality of Legislation