LAFARGE CORP. v. COM., INS. DEPT.


557 Pa. 544 (1999)

735 A.2d 74

LaFARGE CORP., et al., v. COMMONWEALTH of Pennsylvania, INSURANCE DEPARTMENT. Appeals of Commonwealth of Pennsylvania Insurance Department.

Supreme Court of Pennsylvania.

Decided July 20, 1999.


Attorney(s) appearing for the Case

Jerome J. Shestack, Zachary L. Grayson, Philadelphia, Paul A. Tufano, Harrisburg, for Com., Ins. Dept.

W. Edward Sell, Pittsburgh, amicus curiae — University of Pittsburgh.

Lawrence T. Hoyle, Jr., Philadelphia, for LaFarge Corp.

Floyd Abrams, Daniel B. Huyett, Reading, for American Intern. Group.

John Ellison, for AAF-McQuay, Inc.

John Osborne, for Allegheny Pittsburgh Coal Co.

Thomas Corbett, Jr., Harrisburg, for Office of Atty. Gen.

Robert L. Byer, for PPG Industries, Inc.

Robert J. Sullivan, Lebanon, J. Clayton Undercofler, Paul M. Hummer, Philadelphia, for Bankers Standard Ins. Co.

Jayne M. Byrne, amicus curiae — Consumer Federation of America.

Joseph C. Tanski, amicus curiae — Nat. Conf. of Ins. Guaranty Funds.

John G. Harkins, Jr., Eleanor Morris Illoway, Philadelphia, Robert J. Sullivan, Lebanon, Harkins Cunningham, J. Clayton Undercofler, Philadelphia, for INA Financial Corp.

Lee Epstein, Philadelphia, amicus curiae — Unisys Corp.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION OF THE COURT

FLAHERTY, Chief Justice.

This case requires us to interpret the General Associations Act Amendments Act of 1990 (GAAAA of 1990)1 in order to determine the type of hearing the insurance department must conduct before approving a plan for restructure and division of an insurance company. The question is whether the legislature intended, when it enacted the GAAAA of 1990 making the GAA applicable to insurance...

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