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AUDETTE T. GELINAS v. COMMONWEALTH PENNSYLVANIA (11/17/76)

decided: November 17, 1976.

AUDETTE T. GELINAS, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, INSURANCE DEPARTMENT, APPELLEE



Appeal from the Order of William J. Sheppard, Insurance Commissioner, in case of In Re: Audette T. Gelinas, Docket No. P75-1-9.

COUNSEL

Joshua D. Lock, for appellant.

John H. Isom, Assistant Attorney General, with him Andrew F. Giffin, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr., and Rogers, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 27 Pa. Commw. Page 161]

Audette T. Gelinas (Appellant) appeals an adjudication of the Insurance Commissioner (Commissioner) suspending her insurance agent license for six (6) months and imposing a $1,000 fine.

Commissioner imposed the suspension and fine after concluding that Appellant had violated Section 638 of The Insurance Department Act of 1921*fn1 (Act), 40 P.S. § 278, which provides:

No agent or solicitor of any insurance company, association, or exchange, and no insurance broker . . . shall make any misrepresentation or incomplete comparison of policies, oral, written, or otherwise to any person insured in any company . . . for the purpose of inducing or tending to induce a policyholder in any company . . . to lapse, forfeit, or surrender his insurance therein, and to

[ 27 Pa. Commw. Page 162]

    take out a policy of insurance in another company . . . insuring against similar risks.

Section 639 of the Act, 40 P.S. § 279, provides that:

Upon satisfactory evidence of the violation of any of the provisions of sections . . . six hundred thirty-eight of this act by any agent or solicitor of any insurance company . . . or by any insurance broker . . . the Insurance Commissioner may in his ...


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