INSURANCE FEDERATION OF PA v. DEPT. OF INS.


889 A.2d 550 (2005)

INSURANCE FEDERATION OF PENNSYLVANIA, INC., Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF INSURANCE, Diane Koken, Insurance Commissioner, Appellee.

Supreme Court of Pennsylvania.

Decided December 30, 2005.


Attorney(s) appearing for the Case

John F. Mizner, David F. Dieteman, James R. Walczak, Erie, for Ins. Federation of Pa., appellant.

Christine P. Busch, Media, for Pa. Defense Institute, appellant amicus curiae.

Michael Richard Nelson, Blue Bell, Peter A. von Mehren, Philadelphia, Mark Henry Roseberg, Blue Bell, for Alliance of America Insurers, appellant amicus curiae.

Amy Griffith Daubert, Harrisburg, Steven Burgess Davis, Philadelphia, W. Christopher C. Doane, Terrance A. Keating, for Diane Koken, Ins. Com'r, appellee.

Michael J. Foley, Scranton, Dale G. Larrimore, Philadelphia, for Pa. Trial Lawyers Ass'n, appellee amicus curiae.

BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.


OPINION

Justice EAKIN.

The seeds of this case were planted in August, 1996, when Liberty Mutual Insurance Company1 filed a revision to its private passenger insurance policy for uninsured motorist ("UM") and underinsured motorist ("UIM") coverage with the Pennsylvania Insurance Department. The proposed revision would have eliminated the policy's arbitration provision, resulting...

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