Hartford Accident and Indemnity Company, Petitioner
v.
Insurance Commissioner of the Commonwealth of Pennsylvania, Respondent. Philip V. Mattes, et al., Intervenors.
Commonwealth Court of Pennsylvania.https://leagle.com/images/logo.png
Argued December 15, 1981.
March 10, 1982.
Attorney(s) appearing for the Case
Fred Speaker, with him John G. Harkins, Jr., Marjorie G. Marinoff and Julia A. Conover, Pepper, Hamilton & Scheetz, of counsel, Harold M. Levy, for petitioner.
Hannah Leavitt, Assistant Counsel, with her Anthony A. Geyelin, Chief Counsel, and Allen C. Warshaw, Deputy Attorney General, for respondents.
Philip V. Mattes, Mattes, Mattes & Mattes, P.C., for intervenor, Philip V. Mattes.
Jane D. Elliott, with her James J. McCabe, and Judith K. Mintel, Senior Attorney, and Mark T. Carroll, Duane, Morris & Heckscher, for intervenor, State Farm.
James D. Crawford, Schnader, Harrison, Segal & Lewis, with him William L. Martin, Senior Vice President and General Counsel, for Amicus Curiae American Insurance Association.
Rita L. Bernstein, with her Susan Cary Nicholas, Phyllis N. Segal, and Judith I. Avner, for Amici Curiae, Women's Law Project and NOW Legal Defense and Education Fund.
Walter R. Milbourne, with him James W. Christie, of counsel: Obermayer, Rebmann, Maxwell & Hippel, for Amicus Curiae, The Insurance Federation of Pennsylvania, Inc.
Jeffrey B. Clay, with him Eric L. Brossman and David E. Lehman, McNees, Wallace & Nurick, for Amicus Curiae, Nationwide Mutual Insurance Company, Nationwide General Insurance Company, and Nationwide Mutual Fire Insurance Company.
Argued December 15, 1981, before President Judge CRUMLISH, JR. and Judges MENCER, ROGERS, WILLIAMS, JR. and CRAIG.
Commonwealth Court of Pennsylvania.
OPINION BY JUDGE CRAIG, March 10, 1982:
We are required to decide if the Insurance Commissioner exceeded his statutory authority in disapproving the use of sex as a classification basis for automobile insurance rate differentials, under the Casualty and Surety Rate Regulatory Act of 1947 (Rate Act), Act of June 11, 1947, P.L. 538, 40 P.S. §§ 1181-1199.1
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