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SULLIVAN ET AL. v. INSURANCE DEPT. ET AL.

No. 2734 C.D. 1978.

48 Pa.Commw. 11 (1979)

Andrew Sullivan and Edward Sullivan, Petitioners v. Commonwealth of Pennsylvania, Insurance Department and Pacific Indemnity Company, Respondents.

Commonwealth Court of Pennsylvania.

December 13, 1979.

Attorney(s) appearing for the Case

John J. O'Brien, Jr., with him John F. McDevitt, Jr., and O'Brien and O'Brien, for petitioners.

Lawrence T. Hoyle, Jr., with him Wilbur L. Kipnes, and, of counsel, Schnader, Harrison, Segal & Lewis, for respondent, Pacific Indemnity Company.

Paul A. Adams, Assistant Attorney General, with him Kathleen Walsh Cramer, Assistant Attorney General, Norman J. Watkins, Chief of Civil Litigation, and Edward G. Biester, Jr., Attorney General, for respondents, Commonwealth of Pennsylvania Insurance Department and Insurance Commissioner.

Argued October 2, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, DiSALLE and MacPHAIL. Judges MENCER and CRAIG did not participate.

OPINION BY JUDGE BLATT, December 13, 1979:

Andrew and Edward Sullivan (petitioners) appeal here from an order of the Insurance Commissioner (Commissioner) which dismissed their complaint against the Pacific Indemnity Company (Pacific).

The petitioners are associated obstetricians and gynecologists licensed to practice medicine in Pennsylvania, and in 1975, while they held a medical malpractice policy issued by Pacific, the Insurance Service

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