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FOREMOST INS. CO. v. INS. DEPT., COM. OF PA. ET AL.

No. 3167 C.D. 1981.

82 Pa.Commw. 1 (1984)

Foremost Insurance Company, Petitioner v. Insurance Department of the Commonwealth of Pennsylvania and the Pennsylvania Automobile Insurance Plan, Respondents.

Commonwealth Court of Pennsylvania.

April 23, 1984.

Attorney(s) appearing for the Case

Dennis J. Bonetti, with him S. Walter Foulkrod, III, Foulkrod, Peters & Wasilefski, for petitioner.

Hannah Leavitt, Assistant Counsel, Chief of Litigation, with her Anthony A. Geyelin, Chief Counsel, for respondent, Insurance Department of the Commonwealth of Pennsylvania.

Martin J. Hertz, with him Albert J. Strohecker, Friedlander, Gaines, Cohen, Rosenthal & Rosenberg, and John J. McClean, Jr., Clark R. Kerr and Mark Raymond Hornak, Buchanan, Ingersol, Rodewald, Kyle & Buerger, for respondent, Pennsylvania Automobile Insurance Plan.

Argued February 3, 1984, before Judges MacPHAIL, DOYLE and BLATT, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, April 23, 1984:

Foremost Insurance Company (Petitioner) brings this action in our original jurisdiction, see Section 761(a)(1) of the Judicial Code, 42 Pa. C. S. §761 (a)(1), seeking our interpretation of Section 105 of the Pennsylvania No-Fault Motor Vehicle Act (No-Fault Act).1 Specifically, Petitioner alleges that the Pennsylvania Automobile...

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