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ERIE INS. CO. v. FOSTER

126 Pa.Commw. 600 (1989)

560 A.2d 856

ERIE INSURANCE COMPANY, Petitioner, v. Constance B. FOSTER, in her official capacity as Commissioner of the Pennsylvania Insurance Department, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 15, 1989.

Attorney(s) appearing for the Case

Richard DiSalle and Susan Hileman Malone and Ann Baily, Rose, Schmidt, Hasley & DiSalle, Pittsburgh, for petitioner.

Kenneth B. Allen, Asst. Counsel, Theodie L. Peterson, Chief of Litigation, Linda J. Wells, Chief Counsel, and Victoria A. Reider, Deputy Chief Counsel, Ins. Dept., Harrisburg, for respondent.

Before CRUMLISH, Jr., President Judge, COLINS, J., and BARBIERI, Senior Judge.

COLINS, Judge.

Erie Insurance Company (petitioner) petitions for review of a September 29, 1988 order of the Insurance Commissioner (Commissioner) which reversed the Insurance Department's (Department) decision that petitioner's nonrenewal of the automobile insurance policy of Bruce D. Franks (insured) was not in violation of what is commonly known as Act 78.1 We reverse.

The insured, who has been deaf since birth, received notice...

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