In State Farm v. State, 124 N.J. 32, 40-44, 590 A.2d 191 (1991), the New Jersey Supreme Court rejected the industry's facial challenge to the 1990 legislative scheme. More specifically, because neither the automobile insurers' surtax nor the PLIGA members' loan assessments could be passed through to policyholders, the insurers claimed that the scheme constituted a proscribed taking and a denial of due process since a reasonable rate of return was thus being denied them. Relying on N.J.S.A. 17:33B-2g, which assured the industry a reasonable rate of return, the Court concluded, however, that the Commissioner of Insurance had thereby been implicitly granted the power to meet the standard of a fair return and had, in fact, done so by the adoption of regulations permitting application for rate relief if the surtax or assessment made a fair return unrealizable. State Farm, supra, 124 N.J. at 58-63, 590 A.2d 191. State Farm also rejected a constitutional challenge based on the contract clause, U.S. Const. art. I, 10. Some of the insurers had argued that under the JUA program they had been promised that they would not be liable for JUA debts, and under FAIRA, they were being surcharged and assessed for those debts. The Court's answer was that the JUA was a regulatory scheme subject to legislative amendment and not a contract at all. State Farm v. State, supra, 124 N.J. at 64, 590 A.2d 191. It also explained, pertinent to this litigation: In a highly regulated business such as insurance, participants cannot credibly assert that they had any vested right or contractual expectation in the indefinite continuance of the JUA scheme. Moreover, even if there were an impairment of a contractual relationship, it would nonetheless be justified in this instance because the Reform Act addresses a significant and legitimate public purpose, imposing reasonable conditions that are related to appropriate governmental objectives. Id. at 64-65, 590 A.2d 191. The Supreme Court, in rejecting the claim that FAIRA unconstitutionally impaired contractual rights accorded by JUA, held that the insurers, as participants in a highly regulated business, had no vested right nor contractual expectation in the indefinite continuation of the JUA scheme.