Matter of Aetna Cas. & Sur. Co

In Matter of Aetna Cas. & Sur. Co., 248 N.J. Super. 367, 372-375, 591 A.2d 631 (App.Div.), certif. denied, 126 N.J. 385, 599 A.2d 162 (1991), cert. denied, 502 U.S. 1121, 112 S. Ct. 1244, 117 L. Ed. 2d 476 (1992), the automobile insurers unsuccessfully disputed, among other directives, the Commissioner's depopulation orders by which risks had been assigned to them. While that issue is not relevant to the controversy before us, what is relevant, as will become evident later in this discourse, was the industry's contention that the Commissioner's delay in acting on their rate-increase requests vis-a-vis the voluntary market was denying them their constitutional right to a fair rate of return. Although they were able to charge enhanced, but allegedly insufficient, rates on the assigned-risk business, they no longer had the benefit of the now eliminated RMECs in the voluntary market and, in addition, were subject to surcharges and assessments that they could not recoup from policyholders. Nevertheless and despite the insurers' dire predictions, we concluded that their evidence of the inadequacy of rates in view of the Commissioner's ongoing consideration was then insufficient to warrant immediate relief. The Court noted, moreover, that at that time what was being attempted to be remedied was "a currently disastrous insurance industry situation." Id. at 389, 591 A.2d 631.