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INA LIFE INS. CO. v. COM., INS. DEPT. ET AL.

No. 204 C.D. 1977.

31 Pa.Commw. 416 (1977)

INA Life Insurance Company, Petitioner v. Commonwealth of Pennsylvania, Insurance Department and William J. Sheppard, Insurance Commissioner, Respondents.

Commonwealth Court of Pennsylvania.

August 11, 1977.

Attorney(s) appearing for the Case

S. Walter Foulkrod, III, with him Pepper, Hamilton & Scheetz, for petitioner.

Barbara Anne Brown, Assistant Attorney General, with her John H. Isom, Assistant Attorney General, Guy J. DePasquale, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondents.

Argued June 7, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate in the decision.

OPINION BY PRESIDENT JUDGE BOWMAN, August 11, 1977:

INA Life Insurance Company (INA) submitted for approval to the Insurance Department (Department) three policy forms offering double indemnity accidental death benefits that it planned to offer as riders to its standard life insurance policies.1 Included in the proposed riders was the following limitation or condition:

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