NEW JERSEY DENTAL ASSOCIATION VS. METROPOLITAN LIFE
INSURANCE COMPANY, ET AL.
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-
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