WELSCH v. AETNA INS. CO.


343 Pa.Super. 169 (1985)

494 A.2d 409

Robert G. WELSCH, Nicholas J. Fortunato, Ronald D. Wheatley, James R. Dumont, Individually and on behalf of all persons in the Commonwealth of Pennsylvania Similarly Situated, Appellants v. AETNA INSURANCE COMPANY, Allstate Insurance Company, American States Insurance Companies, Commercial Union Insurance Company, Continental Insurance Companies, CNA Insurance, Erie Insurance Exchange, Firemen's Fund American Insurance Companies, Great American Insurance Companies, the Hartford Accident and Indemnity Company, Insurance Company of North America, Kemper Insurance Companies, Liberty Mutual Insurance Companies, Motorists Insurance Companies, Nationwide Mutual Insurance Company, Ohio Casualty Insurance Company, State Farm Mutual Automobile Insurance Company, St. Paul Fire and Marine Insurance Company, Travelers Insurance Companies, Transamerica Insurance Group, U.S.F. & G. Insurance Companies, U.S. Insurance Group.

Supreme Court of Pennsylvania.

Filed May 10, 1985.

Reargument Denied July 9, 1985.


Attorney(s) appearing for the Case

Harold Gondelman, Pittsburgh, for appellants.

James J. McCabe, Jr., Philadelphia, for Aetna, appellees.

Anthony Vale, Philadelphia, for Hartford, appellee.

Jeffrey B. Clay, Harrisburg, for Nationwide, appellee.

Before BROSKY, WATKINS and HESTER, JJ.


HESTER, Judge:

On September 27, 1984, the Supreme Court held that gender-based automobile insurance rates were "unfairly discriminatory" within the meaning of the Casualty and Surety Rate Regulation Act (hereinafter "Rate Act").1 See Hartford Accident and Indemnity Co. v. Insurance Commissioner of the Commonwealth of Pennsylvania, 505 Pa. 571, 482 A.2d 542 (1984)...

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