MOTORISTS MUT. v. INSURANCE COM'R.


137 Pa.Commw. 638 (1991)

586 A.2d 1050

MOTORISTS MUTUAL INSURANCE COMPANY, Petitioner, v. INSURANCE COMMISSIONER OF the COMMONWEALTH of Pennsylvania, Insurance Department, Pennsylvania Assigned Risk Plan, Pennsylvania Assigned Risk Plan Governing Committee, and Arnold Goldstein, Respondents. MOTORISTS MUTUAL INSURANCE COMPANY, Petitioner, v. INSURANCE COMMISSIONER OF the COMMONWEALTH of Pennsylvania, Commonwealth of Pennsylvania Insurance Department, Pennsylvania Assigned Risk Plan, Pennsylvania Assigned Risk Plan Governing Committee, and Robert E. Craig, Respondents.

Commonwealth Court of Pennsylvania.

Decided February 15, 1991.


Attorney(s) appearing for the Case

Jered L. Hock, Metzger, Wickersham, Knauff & Erb, Harrisburg, for petitioner.

Zella M. Smith, Asst. Counsel, with her, Victoria A. Reider, Deputy Chief Counsel, and Linda J. Wells, Chief Counsel, Harrisburg, for respondent, Ins. Dept. of the Com. of Pennsylvania.

Lewis R. Olshin, Duane, Morris & Heckscher, Philadelphia, for respondent, Pennsylvania Assigned Risk Plan and Pennsylvania Assigned Risk Plan Governing Committee.

Before CRAIG, President Judge, KELLEY, Judge, and BARBIERI, Senior Judge.


CRAIG, President Judge.

Motorists Mutual Insurance Company (Motorists) appeals two separate orders of the Insurance Commissioner (commissioner) affirming decisions of the Pennsylvania Assigned Risk Plan (Plan) Governing Committee which upheld the Plan Administrator's designation of a policy effective date. We affirm.

The Plan's enabling statute, 75 Pa.C.S. § 1741, states:

[T]he Insurance...

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