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AETNA CAS. & SUR. v. COM., INS. DEPT.

536 Pa. 105 (1994)

638 A.2d 194

The AETNA CASUALTY AND SURETY COMPANY, the Standard Fire Insurance Company, and the Automobile Insurance Company of Hartford, Connecticut, Appellants, v. COMMONWEALTH of Pennsylvania, INSURANCE DEPARTMENT, Appellee.

Supreme Court of Pennsylvania.

Decided March 7, 1994.

Attorney(s) appearing for the Case

M. Hannah Leavitt and Arthur Selikoff, for Aetna, et al.

Heidi B. Hamman Shakely and Preston M. Buckman, for Ins. Dept.

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

OPINION

ZAPPALA, Justice.

This appeal raises a question of first impression, whether Section 213 of the Insurance Department Act of 1921, Act of May 17, 1921, P.L. 789, as amended, 40 P.S. § 51, authorizes the Insurance Commissioner to order an insurance company to cease and desist from business practices that are not specifically prohibited by Act 78.1 We hold that the Insurance Commissioner does not have the authority...

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