Review Procedure Hearings; Cancellation or Refusal of Insurance [29 Pa.B. 881] The following insureds have requested a hearing, as authorized by the act of June 17, 1998 (P. L. 464, No. 68) in connection with their company's termination of the insured's automobile policies. The hearings will be held in accordance with the requirements of the act; 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure); and 31 Pa. Code §§ 56.1--56.3 (relating to Special Rules of Administrative Practice and Procedure). All administrative hearings are held in the Insurance Department Offices in Harrisburg, PA. Failure by the appellant to appear at the scheduled hearing may result in dismissal with prejudice.
The hearings will be held in the Capitol Associates Building, 901 North Seventh Street, Second Floor Hearing Room, Harrisburg, PA 17102.
Appeal of John M. Spang; file no. 98-181-08864; Erie Insurance Exchange; doc. no. P99-01-027; March 2, 1999, at 9 a.m.;
Appeal of Jizhong He; file no. 98-121-08640; State Farm Fire and Casualty Company; doc. no. P99-01-029; March 2, 1999, at 11 a.m.;
Appeal of Brian E. and Mary E. Todhunter; file no. 99-188-00161; State Farm Mutual Automobile Insurance Company; doc. no. P99-01-031; March 2, 1999, at 1 p.m.;
Appeal of Jodi A. and Leonard J. Romanczuk; file no. 99-181-00048; Nationwide Mutual Insurance Company; doc. no. P99-01-032; March 3, 1999, at 2 p.m.;
Appeal of Pamela Mitchell; file no. 99-121-00157, Reliance National Indemnity Co.; doc. no. P99-02-001; March 9, 1999, at 10 a.m.
Parties may appear with or without counsel and offer relevant testimony or evidence. Each party must bring documents, photographs, drawings, claims files, witnesses and the like necessary to support the party's case. A party intending to offer documents or photographs into evidence shall bring enough copies for the record and for each opposing party.
In some cases, the Commissioner may order that the company reimburse an insured for the higher cost of replacement insurance coverage obtained while the appeal is pending. Reimbursement is available only when the insured is successful on appeal, and may not be ordered in all instances. If an insured wishes to seek reimbursement for the higher cost of replacement insurance, the insured must produce documentation at the hearing which will allow comparison of coverages and costs between the original policy and the replacement policy.
Following the hearing and receipt of the stenographic transcript, the Insurance Commissioner will issue a written order resolving the factual issues presented at the hearing and stating what remedial action, if any, is required. The Commissioner's Order will be sent to those persons participating in the hearing or their designated representatives. The order of the Commissioner is subject to judicial review by the Commonwealth Court.
Persons with a disability who wish to attend the above-referenced administrative hearings, and require an auxiliary aid, service or other accommodation to participate in the hearing, should contact Tracey Pontius, Agency Coordinator at (717) 787-4298.
M. DIANE KOKEN,
Insurance Commissioner[Pa.B. Doc. No. 99-248. Filed for public inspection February 12, 1999, 9:00 a.m.]
