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ANN AND CRAIG BARTHOLOMEW v. CONSTANCE B. FOSTER (04/25/88)

decided: April 25, 1988.

ANN AND CRAIG BARTHOLOMEW, ON BEHALF OF THEIR SON, JONATHAN BARTHOLOMEW, AND THE LEAGUE OF WOMEN VOTERS OF PENNSYLVANIA, ON BEHALF OF ITS MEMBERS, PETITIONERS
v.
CONSTANCE B. FOSTER, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE PENNSYLVANIA INSURANCE DEPARTMENT, RESPONDENT



Original Jurisdiction in the case of Ann and Craig Bartholomew, on behalf of their son, Jonathan Bartholomew, and The League of Women Voters of Pennsylvania, on behalf of its members v. Constance B. Foster, in her official capacity as Commissioner of the Pennsylvania Insurance Department.

COUNSEL

Deborah A. Ellis, with her, Isabelle Katz Pinzler, American Civil Liberties Union/Women's Rights Project, Stefan Presser, American Civil Liberties Union of Pennsylvania, and Rita Bernstein, Women's Law Project, for petitioners.

Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent.

Jeffrey A. Less, with him, A. Richard Feldman, Bazelon, Less & Price and James J. McCabe, with him, Jane Dalton Elliott, Duane, Morris & Heckscher, for intervenors, Insurance Federation of Pennsylvania, State Farm Mutual Automobile Insurance Company, and Anne Grahn.

Richard DiSalle, with him, Susan H. Malone, Rose, Schmidt, Chapman, Duff & Halsey, for intervenor, Erie Insurance Group.

Jeffrey B. Clay, McNees, Wallace & Nurick, for intervenor, Nationwide Mutual Insurance Company.

Alaine S. Williams, with her, Nancy McCauley, Kirschner, Walters & Willig, for Amicus Curiae, Pennsylvania AFL-CIO.

Simonne N. Roy, with her, Clifford A. Rieders, for Amicus Curiae, Common Cause/Pennsylvania.

Patricia A. Rodgers, Rodgers, Rodgers and Cullis, P.C., for Amicus Curiae, Federation of Business and Professional Women's Clubs, Inc.

Barbara B. Hillje, Agzigian, Keane and Associates, for Amicus Curiae, The Pennsylvania Division of The American Association of University Women.

Seth F. Kreimer, Of Counsel: Jeffrey Ivan Pasek, Cohen, Shapiro, Polisher, Shiekman and Cohen, for Amicus Curiae, American Jewish Congress of Philadelphia.

Michael L. Browne, with him, J. Thomas Morris and Marilyn Heffley, Reed, Smith, Shaw & McClay, for Amici Curiae, The Pennsylvania State Grange and The Pennsylvania Association of Realtors.

President Judge Crumlish, Jr., and Judges Craig, MacPhail, Doyle, Barry and Colins. Opinion by Judge Colins. President Judge Crumlish, Jr. concurs in the result only. Judge Palladino did not participate in the decision in this case.

Author: Colins

[ 115 Pa. Commw. Page 433]

Before the Court in its original jurisdiction are cross-motions for summary judgment seeking to determine the validity of Section 3(e) of The Casualty and Surety Rate Regulatory Act (Rate Act)*fn1 which provides for gender-based automotive insurance rates.

Section 3 of the Rate Act, entitled "Making of rates," lists the various provisions under which all rates shall be determined. Subsection (e) of that ...


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