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PA. COAL MINING ASS'N v. INSURANCE DEPT.

471 Pa. 437 (1977)

370 A.2d 685

PENNSYLVANIA COAL MINING ASSOCIATION et al., Appellants, v. INSURANCE DEPARTMENT of the Commonwealth of Pennsylvania and William J. Sheppard, Insurance Commissioner, Appellees, Coal Mine Compensation Rating Bureau of Pennsylvania, Intervenor.

Supreme Court of Pennsylvania.

Decided February 28, 1977.

Petition for Clarification Denied April 5, 1977.

Attorney(s) appearing for the Case

John M. Elliott, Steven L. Friedman, Constance B. Foster, Dilworth, Paxson, Kalish & Levy, Philadelphia, for appellants.

Linda S. Lichtman, Deputy Atty. Gen., Guy J. Depasquale, Harrisburg, for appellees.

Thomas R. Balaban, Shaffer, Calkins & Balaban, Harrisburg, Wilbur S. Legg, Spencer LeRoy, Lord, Bissell & Brook, Chicago, Ill., Harold R. Schmidt, Pittsburgh, for intervenor, Coal Mine Compensation Rating Bureau of Pa.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, and MANDERINO, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

In Pennsylvania, coal mining companies are required to purchase insurance coverage for black lung benefits as a condition of doing business.1 The rates charged for such insurance are subject to regulation by the appellee Pennsylvania Insurance Department. On August 1, 1975, a rate increase became effective without notice to the coal mining companies which purchase black lung insurance. ...

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