INSURANCE FEDERATION v. COMMONWEALTH


929 A.2d 1243 (2007)

The INSURANCE FEDERATION OF PENNSYLVANIA, INC.; The Managed Care Association of Pennsylvania; Aetna Health, Inc.; HealthAssurance Pennsylvania, Inc.; Independence Blue Cross; Magellan Behavioral Health, Inc.; and ValueOptions, Inc., Petitioners v. COMMONWEALTH OF PENNSYLVANIA, INSURANCE DEPARTMENT, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 26, 2007.


Attorney(s) appearing for the Case

Jayson R. Wolfgang and P. Kevin Brobson, Harrisburg, for petitioners.

Linda J. Williams, Chief Deputy Attorney General, Harrisburg, for respondent.

BEFORE: LEADBETTER, President Judge, COLINS, Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, SIMPSON, Judge.


OPINION BY Judge SMITH-RIBNER.

This matter is on remand from the Pennsylvania Supreme Court. The Insurance Federation of Pennsylvania, Inc. and other trade associations and health insurers and licensed managed care plans (together, Insurers) filed a petition for review in the Court's original jurisdiction on January 9, 2004 in the nature of a complaint for declaratory judgment. Insurers request a declaration that the notice published by the Insurance Department (Department...

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