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American Economy Insurance Co. v. New York

Petition for certiorari denied on June 4, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-1179 N.Y. N/A N/A N/A N/A OT 2017

Issues: (1) Whether an amendment to state law violates the contracts clause of the U.S. Constitution when it transfers the substantial cost for certain claims under pre-existing insurance policies from employers to their insurance carriers, when those insurance policies reflect an agreement that the carriers would not cover those claims, when the carriers correspondingly pay premiums that do not account for those claims, and when the legislative basis for the new law is obviously false at the time of enactment; (2) whether an amendment to state law violates the due process clause of the U.S. Constitution when it transfers the substantial cost for certain claims under pre-existing state-approved insurance policies from employers to their insurance carriers, when those insurance policies reflect an agreement that the carriers would not cover those claims, when the carriers correspondingly accept state-approved premiums that do not account for the cost of such claims in reliance on the terms of those insurance policies and longstanding state law, and when the legislative basis for the new law is obviously false at the time of the enactment; and (3) whether an amendment to state law violates the takings clause of the U.S. Constitution when it transfers the substantial cost for certain claims under pre-existing state-approved insurance policies from employers to their insurance carriers, when those insurance policies reflect an agreement that the carriers would not cover those claims, when the carriers correspondingly accept state-approved premiums that do not account for the cost of such claims in reliance on the terms of those insurance policies and longstanding state law, and when the legislative basis for the new law is obviously false at the time of the enactment.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 22 2017Application (17A685) to extend the time to file a petition for a writ of certiorari from January 22, 2018 to February 21, 2018, submitted to Justice Ginsburg.
Dec 28 2017Application (17A685) granted by Justice Ginsburg extending the time to file until February 21, 2018.
Feb 21 2018Petition for a writ of certiorari filed. (Response due March 26, 2018)
Mar 14 2018Motion to extend the time to file a response from March 26, 2018 to April 25, 2018, submitted to The Clerk.
Mar 20 2018Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2018.
Mar 26 2018Brief amici curiae of Property Casualty Insurers Association of America, et al. filed.
Mar 26 2018Brief amicus curiae of Washington Legal Foundation filed.
Mar 26 2018Amicus brief of Property Casualty Insurers Association of America, American Insurance Association, National Association of Mutual Insurance Companies, New York Insurance Association, Inc. not accepted for filing. (March 26, 2018)
Apr 25 2018Brief of respondents State of New York, et al. in opposition filed.
May 14 2018Reply of petitioners American Economy Insurance Co., et al. filed.
May 15 2018DISTRIBUTED for Conference of 5/31/2018.
Jun 04 2018Petition DENIED.
 
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