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MATTES ET AL. v. COM. OF PA. ET AL.

No. 657 C.D. 1985.

94 Pa.Commw. 1 (1985)

Philip V. Mattes and Mark B. Phillips, on behalf of themselves and others similarly situated, Petitioners v. Commonwealth of Pennsylvania, William R. Muir, Jr., in his official capacity as Insurance Commissioner of the Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

December 27, 1985.

Attorney(s) appearing for the Case

Roger Mattes, with him, Philip V. Mattes, Raymond W. Ferrario and Robert A. Burke, Mattes, Mattes & Mattes, P.C., for petitioners.

Hannah Leavitt, Chief of Litigation, and Paul Laskow, Chief Counsel, for respondent, Insurance Department.

Jeffrey A. Less, with him, A. Richard Feldman, Bazelon, Less & Price, for respondent, The Insurance Federation of Pennsylvania, Inc.

Jered L. Hock, Metzger, Wickersham, Knauss & Erb, for respondent, Balboa Insurance Company.

H. Lee Roussel, with him, Jeffrey B. Clay, McNees, Wallace & Nurick, for respondents, Seven (7) insurance companies.

James J. McCabe, with him, Jane Dalton Elliott and David E. Loder, Duane, Morris & Heckscher, for respondents, 234 insurance companies.

Argued September 11, 1985, before President Judge CRUMLISH, JR. and Judges ROGERS, CRAIG, MacPHAIL, DOYLE, COLINS and PALLADINO.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 27, 1985:

The Commonwealth, the Insurance Federation of Pennsylvania, Inc. (Federation), and 239 defendant insurance companies1 preliminarily object to the class action brought in this Court's original jurisdiction by Philip V. Mattes and Mark B. Phillips.

In Hartford Accident and Indemnity Co. v. Insurance Commissioner, 505 Pa. 571,

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