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J. C. PENNEY CAS. INS. CO. v. DEPT. OF INS.

No. 918 C.D. 1978.

43 Pa.Commw. 360 (1979)

J.C. Penney Casualty Insurance Company, Petitioner v. Commonwealth of Pennsylvania, Department of Insurance, William J. Sheppard, Insurance Commissioner, Respondent.

Commonwealth Court of Pennsylvania.

June 13, 1979.

Attorney(s) appearing for the Case

William R. Balaban, with him Thomas R. Balaban, and Robert J. Demer, for appellant.

Paul A. Adams, with him Barbara Anne Brown, Assistant Attorney General, and John H. Isom, Chief Counsel, for respondent.

Argued March 7, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE and MacPHAIL. Judges CRUMLISH, JR. and CRAIG did not participate.

OPINION BY JUDGE MENCER, June 13, 1979:

This is an appeal by J.C. Penney Casualty Insurance Company (Penney) from an order of the Insurance Commissioner (Commissioner). Two important questions are raised: (1) whether the occurrence of two theft losses in an 18-month period is sufficient evidence of a "substantial change or increase in hazard" so as to justify the nonrenewal of an insurance policy pursuant to...

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