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STATE FARM v. DEPT. OF INS.

134 Pa.Commw. 226 (1990)

578 A.2d 999

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF INSURANCE, and Constance B. Foster, Insurance Commissioner, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 25, 1990.

Attorney(s) appearing for the Case

Robert E. Kelly, Jr., with him, David R. Morgan, Duane, Morris & Heckscher, Harrisburg (James R. Tuite, Munhall, Corporate Law Dept. of State Farm Ins. Companies, of counsel), for petitioner.

Zella M. Smith, Asst. Counsel, with her, Richard J. Enterline, Acting Deputy Chief Counsel, and Linda J. Wells, Chief Counsel, for respondent.

Kevin W. Lee, Alan D. Hertzberg & Associates, Pittsburgh, for intervenor, Anthony Deramo.

Before COLINS and SMITH, JJ., and SILVESTRI, Senior Judge.

COLINS, Judge.

State Farm Mutual Automobile Insurance Company (petitioner) petitions for review from an order of the Insurance Commissioner (Commissioner) which ordered petitioner to reinstate the automobile insurance policy of Anthony DeRamo (intervenor). We vacate and remand.

On September 9, 1989, the petitioner notified the intervenor, pursuant to Act 78,1 that it would not be renewing

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