Appeal from the Order of the Insurance Department in case of In Re: Regulation Establishing Requirements For Objections To Report Of Examination And Procedure For Hearings On Such Objections, Dated December 26, 1973.
William B. Pugh, Jr., Assistant General Counsel, with him Howard B. Nathans, Attorney, for appellant.
Gerald Gornish, Deputy Attorney General, with him James D. Kenney, Assistant Attorney General, and Israel Packel, Attorney General, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Crumlish, Jr.
[ 15 Pa. Commw. Page 461]
The Insurance Department of the Commonwealth of Pennsylvania (Insurance Department) moves to quash an appeal by the Insurance Company of North America (INA) taken from a regulation promulgated by the Insurance Department which establishes requirements for the filing of objections to reports of examination conducted by the Insurance Department under Section 213 of the Insurance Department Act,*fn1 and which further establishes procedures for the hearing of such objections. The regulation was filed with the Legislative Reference Bureau and was published in the Pennsylvania Bulletin on January 12, 1974,*fn2 and is codified at 30 Pa. Code, 58.1-.3. On February 11, 1974, INA appealed to this Court from the promulgation of this regulation and the dismissal of its objection thereto
[ 15 Pa. Commw. Page 462]
on the ground that these actions constituted an "adjudication" within the meaning of Section 2(a) of the Administrative Agency Law,*fn3 and therefore appealable pursuant to Section 41 of the Administrative Agency Law, 71 P.S. 1710.41. The Insurance Department's motion to quash asserts that neither the promulgation of the regulation nor the dismissal of objections thereto is an appealable adjudication, and that INA lacks standing to take the instant appeal.
For the reasons expressed in the companion case of Insurance Company of North America v. Commonwealth of Pennsylvania, Insurance Department, 15 Pa. Commonwealth Ct. 462, 327 A.2d 411 (1974), the instant appeal is quashed.
And Now, October 31, 1974, the motion to quash the above appeal is hereby granted, and the appeal of the Insurance Company of North America is quashed.
Motion granted. Appeal ...