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STATESMAN INS. CO. v. INSURANCE DEPT.

No. 1929 C.D. 1986.

107 Pa.Commw. 419 (1987)

528 A.2d 1042

Statesman Insurance Company, Petitioner v. Commonwealth of Pennsylvania, Insurance Department, Respondent.

Commonwealth Court of Pennsylvania.

July 16, 1987.

Attorney(s) appearing for the Case

Fredric E. Orlansky, Jones, Gregg, Creehan & Gerace, for petitioner.

James A.M. Zarrella, Assistant Counsel, with him, Linda Wells, Chief of Litigation, and M. Hannah Leavitt, Chief Counsel, for respondent, Insurance Department.

James A. Dattilo, Barry, Dattilo & Fasulo, for respondents, Raymond & Elaine Johnson.

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

OPINION BY JUDGE COLINS, July 16, 1987:

Statesman Insurance Company appeals an order of the Insurance Commissioner directing reinstatement of a homeowners' insurance policy issued to Raymond and Elaine Johnson.

The Johnsons own a one-story ranch-type house without a basement, the floors of which are concrete slab. There is a hot water heating system utilizing copper pipes beneath or within the concrete floor. Although

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