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METRO. PROP. & LIAB. v. INSUR. COM'R

517 Pa. 218 (1987)

535 A.2d 588

METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY, Appellant, v. INSURANCE COMMISSIONER OF the COMMONWEALTH OF PENNSYLVANIA and Bonnie Beck, Appellees. STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. INSURANCE COMMISSIONER OF the COMMONWEALTH OF PENNSYLVANIA, Appellee.

Supreme Court of Pennsylvania.

Decided December 30, 1987.

Concurring Opinion January 22, 1988.

Attorney(s) appearing for the Case

Harvey Bartle, III, Philadelphia, Robert E. Kelly, Jr., Harrisburg, for appellant.

David M. McCormick, Philadelphia, for amicus — Ins. Fed. of Pa.

Hannah Leavitt, Chief Counsel, Regina L. Matz, Asst. Counsel, Harrisburg, for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

McDERMOTT, Justice.

These cases were consolidated in order to address a common issue, to wit: whether an insurance company may rescind an automobile insurance policy upon learning that the application for insurance contained material misrepresentations. The germane facts of these cases are set out below.

No. 120 E.D. Appeal Docket 1986

On August 1, 1983...

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