STONE & EDWARDS INS. v. COM., D. OF INS.


538 Pa. 276 (1994)

648 A.2d 304

STONE AND EDWARDS INSURANCE AGENCY, INC., Emerson D. Lightner and Gary W. Lightner, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF INSURANCE, Cynthia M. Maleski, Acting Insurance Commissioner, Thomas S. Buzby, Deputy Insurance Commissioner, Laura C. Plumley, Presiding Officer, and Steven J. Harman, Division of Agents and Brokers, Appellees.

Supreme Court of Pennsylvania.

Decided September 30, 1994.


Attorney(s) appearing for the Case

James W. Evans, Jayson R. Wolfgang, Harrisburg, for Stone and Edwards Ins. Agency, Inc., Emerson D. Lightner and Gary W. Lightner.

Gregory E. Dunlap, Amy L. Putnam, Harrisburg, Scott M. Schwartz, Hershey, Heidi Hamman Shakley, Camp Hill, for Dept. of Insurance, Cynthia M. Maleski, Acting Ins. Com'r, Thomas S. Buzby, Deputy Ins. Com'r, Laura C. Plumley, Presiding Officer.

Gregory E. Dunlap, Amy L. Putnam, Harrisburg, Scott M. Schwartz, Hershey, for Com. of Pennsylvania, Dept. of Ins., Cynthia M. Maleski, Acting Ins. Com'r, Thomas S. Buzby, Deputy Ins. Com'r., Laura C. Plumley, Presiding Officer and Steven J. Harman, Chief, Div. of Agents and Brokers.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTMEURO, JJ.


OPINION OF THE COURT

CAPPY, Justice.

The questions before this Court are: (1) whether the Commonwealth Court erred in determining that certain provisions of the Unfair Insurance Practices Act1 ("UIPA") are not unconstitutional because they vest the Pennsylvania Insurance Commissioner with prosecutorial and adjudicative authority regarding allegations of insurance law violations against Appellants, and (2) whether the Commonwealth...

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