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SOMERVILLE ET UX. v. INSURANCE DEPT.

No. 3194 C.D. 1986.

107 Pa.Commw. 402 (1987)

528 A.2d 693

Patrick Somerville and Diana M. Somerville, his wife, Petitioners v. Commonwealth of Pennsylvania, Insurance Department, Respondent.

Commonwealth Court of Pennsylvania.

July 15, 1987.

Attorney(s) appearing for the Case

P. Andrew Diamond, for petitioner.

Victoria A. Reider, Assistant Counsel, with her, Linda J. Wells, Chief of Litigation, M. Hannah Leavitt, Chief Counsel, for respondent, Insurance Department.

G. Thomas Miller, with him, H. Lee Roussel and Diane M. Tokarsky, McNees, Wallace & Nurick, for Erie Insurance Exchange.

Argued May 21, 1987, before Judges MacPHAIL and COLINS, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE COLINS, July 15, 1987:

Patrick and Diana M. Somerville (petitioners) appeal an order of the Insurance Commissioner affirming an Insurance Department determination which upheld Erie Insurance Company's decision not to renew the petitioners' automobile insurance policy.

The petitioners had three automobile accidents within thirty-six months of their insurance policy's anniversary date: an intersection accident in October, 1983; a rear end collision...

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