HARLEYSVILLE M. INS. CO. v. CAT. L. TR. F.

No. 2660 C.D. 1985 and No. 2659 C.D. 1985.

101 Pa.Commw. 215 (1986)

515 A.2d 1039

Harleysville Mutual Insurance Company, Harleysville, Pennsylvania 19438 (Van Laufer Matter), Petitioner v. Catastrophic Loss Trust Fund et al., Respondents. Employee Benefit Plan of Harleysville Mutual Insurance Company, Harleysville, Pennsylvania 19438 (Lyons Matter), Petitioner v. Catastrophic Loss Trust Fund et al., Respondents.

Commonwealth Court of Pennsylvania.

October 6, 1986.


Attorney(s) appearing for the Case

Jane Dalton Elliott, with her, James J. McCabe and Carolyn Mills, Duane, Morris & Heckscher, for petitioners.

Michael L. Harvey, Deputy Attorney General, with him, Allen C. Warshaw, Executive Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued February 6, 1986, before Judges BARRY and PALLADINO, and Senior Judge BLATT, sitting as a panel of three.


OPINION BY JUDGE BARRY, October 6, 1986:

Before us are preliminary objections filed by respondents, the Catastrophic Loss Trust Fund (CAT Fund), opposing the petitions for review filed in this court's original jurisdiction by petitioners, the EMPLOYEE BENEFIT PLAN of Harleysville Mutual Insurance Company (BENEFIT PLAN) and Harleysville Mutual Insurance Company (HMIC), filing as a separate entity. The petitions...

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