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ERIE INS. EXCHANGE v. FOSTER

No. 112 C.D. 1988.

121 Pa.Commw. 500 (1988)

551 A.2d 3

Erie Insurance Exchange, Petitioner v. Constance B. Foster, in her official capacity as Commissioner of the Pennsylvania Insurance Department, Respondent.

Commonwealth Court of Pennsylvania.

December 7, 1988.

Attorney(s) appearing for the Case

Susan Hileman Malone, with her, Richard DiSalle and Michael L. Brenner, Rose, Schmidt, Hasley & DiSalle, Of Counsel: Vance C. Gudmundsen, Erie Insurance Exchange, for petitioner.

Richard J. Enterline, Assistant Counsel, with him, Karen Gantt, Assistant Counsel, Theodie L. Peterson, III, Chief of Litigation and Linda J. Wells, Chief Counsel, for respondent.

Argued October 3, 1988, before Judges COLINS and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE COLINS, December 7, 1988:

The Erie Insurance Exchange (petitioner) petitions for review of a December 16, 1987, order of the Insurance Commissioner (Commissioner), which reinstated an automobile insurance policy issued to Kevin and Penny Kudasik (insureds). We reverse.

On May 26, 1984, Mr. Kudasik, while a passenger in an automobile not insured by petitioner, was arrested for possession...

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