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TRAVELERS INDEMNITY COMPANY AMERICA v. COMMONWEALTH PENNSYLVANIA (12/31/81)

decided: December 31, 1981.

TRAVELERS INDEMNITY COMPANY OF AMERICA, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, INSURANCE DEPARTMENT, RESPONDENT



Appeals from the Order of the Insurance Commissioner in case of In Re: Appeal of Travelers Insurance Company pursuant to the Act of June 5, 1968, P.L. 140, No. 78, as amended (40 P.S. §§ 1008.1 et seq.), Policy No. 161-42-935-101-2, Robert, J. Clark, Docket No. P79-7-4; and in case of In Re: Appeal of Travelers Indemnity Company pursuant to the Act of June 5, 1968, P.L. 140, No. 78, as amended (40 P.S. §§ 1008.1 et seq.), Policy No. 18520289-101-2, Joseph Koch, Docket No. P79-7-2.

COUNSEL

S. Walter Foulkrod, III, Foulkrod, Peters, Frank & Wasilefski, for petitioner.

Hannah Leavitt, Assistant Attorney General, with her James R. Farley, Assistant Attorney General, and Edward R. Biester, Jr., Attorney General, for respondent.

President Judge Crumlish and Judges Mencer, Rogers, Blatt, Craig, MacPhail and Palladino. Opinion by President Judge Crumlish.

Author: Crumlish

[ 63 Pa. Commw. Page 544]

Travelers Indemnity Company of America appeals two Insurance Commission orders directing Travelers to renew two automobile insurance policies. We affirm.

Travelers refused to renew two policies based on Sections 3(a) and 3(b) of the Act of June 5, 1968, P.L. 140, as amended, 40 P.S. § 1008.3, which provides in part:

(a) No insurer shall cancel or refuse to write or renew a policy of automobile insurance for one or more of the following reasons:

(1) Age.

(13) Any accident which occurred under the following circumstances:

(i) auto lawfully parked (if the parked vehicle rolls from the parked position then any such accident is charged to the person who parked the auto);

(ii) the applicant, owner or other resident operator is reimbursed by, or on behalf of, a person who is responsible for the accident or has judgment against such person;

(iii) auto is struck in the rear by another vehicle and the applicant or other resident operator has not been convicted of a moving traffic ...


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