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American Economy Insurance Co. v. New York

Certiorari Denied

Petition for certiorari denied on June 4, 2018.

Docket No.17-1179
Op. BelowN.Y.

Issue

(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.

Proceedings & orders timeline

Dec 22, 2017
Application (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, 2017
Application (17A685) granted by Justice Ginsburg extending the time to file until February 21, 2018.
Feb 21, 2018
Petition for a writ of certiorari filed. (Response due March 26, 2018)
Mar 14, 2018
Motion to extend the time to file a response from March 26, 2018 to April 25, 2018, submitted to The Clerk.
Mar 20, 2018
Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2018.
Mar 26, 2018
Brief amici curiae of Property Casualty Insurers Association of America, et al. filed.
Mar 26, 2018
Brief amicus curiae of Washington Legal Foundation filed.
Mar 26, 2018
Amicus 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, 2018
Brief of respondents State of New York, et al. in opposition filed.
May 14, 2018
Reply of petitioners American Economy Insurance Co., et al. filed.
May 15, 2018
DISTRIBUTED for Conference of 5/31/2018.
Jun 4, 2018
Petition DENIED.

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