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COMMONWEALTH PENNSYLVANIA v. EQUITABLE BENEFICIAL MUTUAL LIFE INSURANCE COMPANY (06/19/75)

decided: June 19, 1975.

COMMONWEALTH OF PENNSYLVANIA, INSURANCE DEPARTMENT, APPELLEE,
v.
EQUITABLE BENEFICIAL MUTUAL LIFE INSURANCE COMPANY, APPELLANT



Appeal from the Order of the Insurance Commissioner of the Commonwealth of Pennsylvania in case of In Re: Equitable Beneficial Mutual Life Insurance Company, Docket No. C73-9-3.

COUNSEL

Edward Gerald Donnelly, Jr., with him, of counsel, Fox, Rothschild, O'Brien & Frankel, for appellant.

David M. Narrow, Assistant Attorney General, with him, Andrew F. Giffin, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Blatt.

Author: Blatt

[ 20 Pa. Commw. Page 12]

Equitable Beneficial Mutual Life Insurance Company, respondent, appeals from two orders of the Insurance Commissioner (Commissioner) dated April 18, 1974 and October 2, 1974 assessing $5,630.00 in penalties for its failure to make timely filing of quarterly statements requested by the Commissioner pursuant to the Act of May 17, 1921, P.L. 682, as amended, Section 320, 40 P.S. ยง 443.

On September 26, 1973, a citation and notice of hearing was sent to the respondent from the Insurance Department (Department) alleging that the Commissioner had properly notified the respondent of the requirement that it file quarterly statements for the years 1971, 1972 and 1973 and further charging that:

1) the report due on November 15, 1971 for the quarter ending September 30, 1971, had not yet been filed;

2) the report due on May 15, 1972 for the quarter ending March 31, 1972 was filed 289 days late;

3) the report due on August 15, 1972 for the quarter ending June 30, 1972, was filed 85 days late;

4) the report due on May 15, 1973 for the quarter ending March 31, 1973, was filed 44 days late.

A hearing was scheduled for October 23, 1973 to enable the Commissioner to determine whether or not the respondent had violated the law and, if so, what, if any, sanctions might be appropriate.

The respondent, by its president, Harry Iezzi, replied by letter on October 6, 1973, explaining that a turnover in management in October of 1971 had resulted in the present management having been unaware of any quarterly filing requirements until June of 1973. No representative of the respondent, however, appeared at the hearing, and the Department presented testimony and introduced documents there which tended to show that the ...


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