STATE FARM v. INSURANCE DEPT.


133 Pa.Commw. 644 (1990)

577 A.2d 951

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and State Farm Fire and Casualty Company, Petitioners, v. INSURANCE DEPARTMENT and Constance B. Foster, Insurance Commissioner of the Department of Insurance, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 10, 1990.


Attorney(s) appearing for the Case

Jane L. Dalton, with her, James J. McCabe, Amy E. Wilkinson, Edward G. Biester, III, and John C. Fleming, Duane, Morris & Heckscher, for petitioners.

Richard J. Enterline, Asst. Counsel, with him, Linda J. Wells, Chief Counsel, and Victoria A. Reider, Deputy Chief Counsel, of the Ins. Dept., and James J. Haggerty, General Counsel, Richard D. Spiegelman, Executive Deputy General Counsel, William W. Warren, Jr., Chief of Litigation, Gregory E. Dunlap and Ernest R. Closser, III, Deputies General Counsel, of the Office of General Counsel, for respondents.

Before CRAIG, President Judge, and DOYLE, COLINS, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.


DOYLE, Judge.

This is an appeal by State Farm Mutual Automobile Insurance Company (State Farm) from a letter of the Insurance Department (Department) denying State Farm a hearing on the mandatory rollback of its rates pursuant to the Act of February 7, 1990, P.L. 8 (Act 6).1

The following facts appear to be undisputed. On October 2, 1989 State Farm submitted a filing with the Department to revise its private passenger automobile...

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