COM. OF PA., INS. DEPT. v. PA. COAL M. ASSN. ET AL.

No. 1180 C.D. 1975.

26 Pa.Commw. 348 (1976)

Commonwealth of Pennsylvania, Insurance Department v. The Pennsylvania Coal Mining Association, Kerry Coal Company, Moshannon Falls Mining Company, Shawville Coal Company, Sunbeam Coal Corporation and West Freedom Mining Corporation, Appellants. Coal Mine Compensation Rating Bureau of Pennsylvania, Intervenor.

Commonwealth Court of Pennsylvania.

September 10, 1976.


Attorney(s) appearing for the Case

John M. Elliott, with him Steven L. Friedman, Constance B. Foster, and, of counsel, Dilworth, Paxson, Kalish & Levy, for appellants.

Linda S. Lichtman, Assistant Attorney General, with her Andrew F. Giffin, Assistant Attorney General, for appellees.

Wilbur S. Legg, with him Lord, Bissell & Brook; Thomas R. Balaban; and Shaffer, Calkins & Balaban, for amicus curiae, Coal Mine Compensation Rating Bureau of Pennsylvania.

Argued March 1, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and BLATT. Judge ROGERS did not participate.


OPINION BY PRESIDENT JUDGE BOWMAN, September 10, 1976:

The Coal Mine Compensation Rating Bureau of Pennsylvania (Bureau), intervening appellee, is a statistical and rating association approved by the Insurance Commissioner pursuant to Section 654 of The Insurance Company Law of 1921, Act of May 17, 1921, P.L. 682, as amended, 40 P.S. § 814.

On September 20, 1974, the Bureau filed with the...

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