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FAIRMOUNT INS. CO. v. INS. DEPT.

No. 293 C.D. 1984.

85 Pa.Commw. 131 (1984)

Fairmount Insurance Company (A Domestic Stock Casualty Co.), Petitioner v. Commonwealth of Pennsylvania, Insurance Department, Respondent.

Commonwealth Court of Pennsylvania.

September 13, 1984.

Attorney(s) appearing for the Case

William J. Kuntz, with him, William R. Balaban, Balaban and Balaban, and Alfred Sarowitz, Margolis, Edelstein, Scherlis, Sarowitz and Karemer, for petitioner.

Samuel R. Marshall, Assistant Counsel, for respondent.

Argued April 30, 1984, before Judges ROGERS, MacPHAIL and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, September 13, 1984:

This matter comes to us as an appeal by Fairmount Insurance Company (Company) from an interlocutory order of the Acting Insurance Commissioner (Commissioner) which has been certified as involving a controlling question of law as to which there is a substantial ground for difference of opinion, pursuant to Section 702 of the Judicial Code, 42 Pa. C. S. §702. The central issue is the interpretation of Section 215 ...

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