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PA. INSUR. DEPT., ET AL. v. SAFEGUARD MTL.

No. 371 C.D. 1974.

18 Pa.Commw. 195 (1975)

Commonwealth of Pennsylvania, Insurance Department and Herbert S. Denenberg, Insurance Commissioner, Petitioners, v. Safeguard Mutual Insurance Company, Respondent.

Commonwealth Court of Pennsylvania.

March 31, 1975.

Attorney(s) appearing for the Case

Barton Isenberg, General Counsel, with him James D. Keeney, Assistant Attorney General, and Israel Packel, Attorney General, for petitioners.

Malcolm H. Waldron, Jr., for respondent.

Argued October 8, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, March 31, 1975:

The prolonged and bitter conflict between the Pennsylvania Department of Insurance (Department) and Safeguard Mutual Insurance Company (Safeguard) has reached its Armageddon. While the appropriateness of such a characterization may be questioned, particularly where the field of battle is a courtroom, the postures of the respective parties must be perceived in terms of a "life or death" confrontation. At stake here...

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