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COM., INS. DEPT. v. SAFEGUARD MUT. INS. CO.

478 Pa. 592 (1978)

387 A.2d 647

COMMONWEALTH of Pennsylvania, INSURANCE DEPARTMENT and Herbert S. Denenberg, Insurance Commissioner, Appellants, v. SAFEGUARD MUTUAL INSURANCE COMPANY (two cases).

Supreme Court of Pennsylvania.

Decided April 28, 1978.

Attorney(s) appearing for the Case

Roger C. Peterman, Andrew F. Giffin, Asst. Attys. Gen., Gerald Gornish, Deputy Atty. Gen., for appellant at No. 12 and appellee at No. 14.

Malcolm H. Waldron, Jr., Pittsburgh, for appellant at No. 14 and appellee at No. 12.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION

O'BRIEN, Justice.

Safeguard Mutual Insurance Company (Safeguard), is a domestic mutual fire insurance company,1 writing assessable policies.2 The Commonwealth of Pennsylvania, Department of Insurance (Department), contends that Safeguard has been operating in violation of the Insurance Department Act, Act of May 17, 1921, P.L. 789, § 1, 40 P.S...

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