DONEGAL MUT. INS. CO. v. INSURANCE DEPT.


719 A.2d 825 (1998)

DONEGAL MUTUAL INSURANCE COMPANY, Petitioner, v. INSURANCE DEPARTMENT, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 21, 1998.


Attorney(s) appearing for the Case

Matthew J. Creme, Jr., Lancaster, for petitioner.

Amy Griffith Daubert, Harrisburg, for respondent.

Before PELLEGRINI and FRIEDMAN, JJ., and NARICK, Senior Judge.


NARICK, Senior Judge.

The issue presented is whether the Insurance Commissioner erred in stating that Donegal Mutual Insurance Company (Donegal) could have strengthened the presumption, under the "mailbox rule," that the notice it allegedly mailed was received if Donegal had presented evidence that the notice was not returned to sender. Because it did not, the decision of the Insurance Commissioner is affirmed.

The relevant facts are as follows. Donegal mailed...

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