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Tuesday, March 6, 2012

NEW JERSEY DENTAL ASSOCIATION VS. METROPOLITAN LIFE INSURANCE COMPANY, ET AL. A-2916-10T2

NEW JERSEY DENTAL ASSOCIATION VS. METROPOLITAN LIFE

INSURANCE COMPANY, ET AL.

A-2916-10T2

The New Jersey Dental Association contends that by allowing

the bundling of an otherwise lawful dental plan, based on a

selective contracting arrangement, with an otherwise lawful

ancillary program for services not covered by the dental plan,

the Commissioner of the Department of Banking and Insurance has

exceeded the authority delegated in the selective contracting

law, N.J.S.A. 17B:27A-54. We reject that contention and uphold

the validity of the Department's regulation, N.J.A.C. 11:22-

5.10.

In addressing the Department's and the defendant insurers'

objections to our reaching the merits of the issue presented, we

also discuss the relationship between private causes of action,

declaratory actions implicating an agency's primary authority,

and jurisdiction to review agency action. 02-15-12