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METROPOLITAN PROPERTY v. INS. COM'R

525 Pa. 306 (1990)

580 A.2d 300

METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY, Appellant, v. INSURANCE COMMISSIONER OF the COMMONWEALTH OF PENNSYLVANIA and Edgar Miller, Appellee.

Supreme Court of Pennsylvania.

Decided September 24, 1990.

Attorney(s) appearing for the Case

Harvey Bartle, III, Philadelphia, for appellant.

Arthur Selikoff, Harrisburg, for appellee.

Edgar Miller, pro se.

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

OPINION

NIX, Chief Justice.

This is an appeal from an order of the Commonwealth Court affirming the decision of the Insurance Commissioner that the appellant violated the Unfair Insurance Practices Act ("UIPA") when it rescinded the policy of appellee, Edgar Miller. The question presented on appeal is whether UIPA precludes the common law remedy of rescission ab initio of an insurance policy which was fraudulently...

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