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ANDREW A. LANG v. COMMONWEALTH PENNSYLVANIA (09/22/87)

decided: September 22, 1987.

ANDREW A. LANG, JR., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, COMMISSIONER, INSURANCE DEPARTMENT OF PENNSYLVANIA, RESPONDENT



Appeal from the Order of the Pennsylvania Insurance Commissioner, in case of In The Matter of Andrew A. Lang, Jr. v. Insurance Placement Facility of Pennsylvania, Docket No. M86-1-28.

COUNSEL

Alan Berman, for petitioner.

Arthur Selikoff, Assistant Counsel, with him, Linda J. Wells, Chief of Litigation and M. Hannah Leavitt, Chief Counsel, for respondent.

Robert B. Brown, Jr., for intervenor, The Insurance Placement Facility of Pennsylvania.

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

Author: Crumlish

[ 109 Pa. Commw. Page 480]

The Insurance Placement Facility of Pennsylvania (Facility)*fn1 declined to issue insurance coverage to four

[ 109 Pa. Commw. Page 481]

    properties owned by Andrew J. Lang, Jr., in Allegheny County. The Insurance Commissioner of the Commonwealth of Pennsylvania (Commissioner) upheld this determination. Lang appeals; we affirm.

Lang's properties were denied coverage pursuant to Rule II(B)(1) of the Facility's General Rules and Manual of Procedures which prohibits coverage to "[a]ny person who has been convicted of . . . arson."*fn2 In September 1975 Lang had been convicted of arson.

The issue before this Court is whether the Commissioner exceeded the scope of the enabling provisions of the Fair Plan Act in promulgating Rule II(B)(1). Specifically, Lang contends that the Fair Plan Act permits insurers only to review physical characteristics of a property and not the personal history of an owner.

Our scope of review of an Insurance Commissioner order is limited to a determination of whether constitutional rights have been violated, an error of law was committed, or the findings of fact were not supported by substantial evidence. ...


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