Howerton v. Prudential Insurance Company

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 110154
Decision Date: 
October 22, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Justice: 
CUNNINGHAM
Holding: 
Affirmed.
Plaintiff policyholders filed class action against life insurance company whose principal place of business is in New Jersey. Complaint was actually an attack on the New Jersey Insurance Commissioner's order approving insurer's demutualization plan. Commissioner has substantial interest in subject matter of this suit, which may be materially affected by a judgment entered in his absence, and is thus an indispensible party. Thus, a challenge to a New Jersey administrative agency's decision should be appealed to New Jersey appellate court. (HOFFMAN and ROCHFORD, concurring.)