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HARTFORD ACC. & INDEM. v. INSURANCE COM'R

505 Pa. 571 (1984)

482 A.2d 542

HARTFORD ACCIDENT AND INDEMNITY COMPANY v. INSURANCE COMMISSIONER OF the COMMONWEALTH of Pennsylvania, Philip V. Mattes and State Farm Mutual Automobile Insurance Company, Intervenors. Appeal of HARTFORD ACCIDENT AND INDEMNITY COMPANY and State Farm Mutual Automobile Insurance Company.

Supreme Court of Pennsylvania.

Reargued April 10, 1984.

Decided September 27, 1984.

Attorney(s) appearing for the Case

John G. Harkins, Philadelphia, Fred Speaker, Harrisburg, for Hartford.

Marjorie E. Greenfield, Jane D. Elliott, James J. McCabe, Philadelphia, for State Farm.

Hannah Leavitt, Harrisburg, for Dept. of Ins.

Philip V. Mattes, Stroudsburg, for Mattes, et al.

Rita L. Bernstein, Philadelphia, for amici, Women's Law Project, et al.

James D. Crawford, Philadelphia, for amicus, American Ins. Assoc.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

NIX, Chief Justice.

In this appeal we have agreed to review the Commonwealth Court's affirmance of an order of the Insurance Commissioner of Pennsylvania ("Commissioner") rescinding his prior approval of Hartford Accident and Indemnity Company's ("Hartford") gender-based automobile insurance rates on the ground they were "unfairly discriminatory" under section 3(d) of the Casualty and Surety Rate Regulation...

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