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DANIEL M. SAMILO v. COMMONWEALTH PENNSYLVANIA (06/17/86)

decided: June 17, 1986.

DANIEL M. SAMILO, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, INSURANCE DEPARTMENT, RESPONDENT



Appeal from the Order of the Insurance Commissioner, in the case of In Re: Appeal of Daniel M. Samilo, 554 Alison Drive, Hummelstown, Pa. 17036, File No. 84-159-05484 v. State Farm Mutual Automobile Insurance Company, Policy No. 581 3561-CO3-38D, Docket No. P-84-9-10.

COUNSEL

Michael H. Small, Farrell and Small, for petitioner.

Jean M. Callihan, Assistant Counsel, with her, M. Hannah Leavitt, Chief of Litigation, and Paul Laskow, Chief Counsel, for respondent.

Robert E. Kelly, Jr., with him, David J. Felicio, Duane, Morris & Heckscher, Of Counsel: James R. Tuite, Corporate Counsel, State Farm Fire and Casualty Company.

President Judge Crumlish, Jr., Judge Colins and Senior Judge Rogers, sitting as a panel of three. Opinion by Senior Judge Rogers.

Author: Rogers

[ 98 Pa. Commw. Page 233]

This is an appeal from an order of the Insurance Commissioner (Commissioner) affirming the Insurance Department's determination upholding State Farm Mutual Automobile Insurance Company's (Company) decision not to renew the automobile insurance policy of Daniel M. Samilo.

After a hearing, the Commissioner made the following pertinent findings of fact:

1. On July 19, 1984, State Farm mailed to Samilo a Notice of Non-renewal advising him that his automobile insurance policy, No. 581 3561-CO3-38D, would not be renewed effective September 3, 1984 at 12:01 a.m. Standard Time.

2. The reasons set forth in the Notice referred to above in Finding of Fact No. 1 for State Farm's non-renewal of Samilo's automobile insurance policy were:

Use of alcoholic beverages to the extent that it materially increases the probability of loss.

12/2/83 Accident -- Hit a parked car -- drinking involved -- PD # 1869, Collision # 6473.

3. On August 6, 1984, Samilo requested the Pennsylvania Insurance Commissioner to review ...


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