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FIRST NAT'L BK. OF MD. v. INS. DEPT. ET AL.

No. 3089 C.D. 1986.

107 Pa.Commw. 441 (1987)

528 A.2d 696

The First National Bank of Maryland, as Trustee, Petitioner v. Commonwealth of Pennsylvania, Insurance Department, George F. Grode, Insurance Commissioner, and U.S. Mortgage Insurance Company, Respondents.

Commonwealth Court of Pennsylvania.

July 16, 1987.

Attorney(s) appearing for the Case

Christopher Wolf, with him, Warren L. Dennis and William A. Slaughter, Ballard, Spahr, Andrews & Ingersoll, for petitioner.

Janice L. Anderson, Deputy Attorney General, with her, Andrew S. Gordon, Chief Deputy Attorney General, Chief Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent, Commonwealth of Pennsylvania, Insurance Department and George F. Grode, Insurance Commissioner.

Thomas A. Allen, with him, Ellen K. Glessner and Steven J. Cooperstein, White and Williams, for respondent, U.S. Mortgage Insurance Company.

Argued April 21, 1987, before President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., July 16, 1987:

First National Bank of Maryland (FNB) petitions this Court to compel the Insurance Commissioner to issue a summary order suspending and/or supervising the business of U.S. Mortgage Insurance Company (USMI). Sections 510 and 511 of the Insurance Department Act of 19211 (Article V). The Insurance Commissioner and USMI have filed preliminary objections.

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