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INSURANCE COMM'R v. NEVAS

No. 657, September Term, 1989.

81 Md. App. 549 (1990)

568 A.2d 1144

INSURANCE COMMISSIONER OF THE STATE OF MARYLAND, ET AL. v. SUSAN R. NEVAS.

Court of Special Appeals of Maryland.

February 5, 1990.

Attorney(s) appearing for the Case

Randi F. Reichel, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on the brief), Baltimore, for appellant, Ins. Com'r.

Alan N. Gamse (Donna L. Jacobs and Semmes, Bowen & Semmes, on the brief), Baltimore, for appellant, Harleysville Mut. Ins. Co.

Susan R. Nevas, Chevy Chase, for appellee.

Argued before GARRITY, ALPERT and KARWACKI, JJ.

KARWACKI, Judge.

In this appeal, we are asked to define the burden of persuasion placed upon an insurer under Article 48A of the Annotated Code of Maryland (Insurance Code),1 in a hearing before the Insurance Commissioner to justify a proposed non-renewal or cancellation of an insured's coverage. The pertinent facts are set forth below.

On May 2, 1988, Susan R. Nevas, the appellee, received a notice from Harleysville Mutual Insurance...

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