Review Procedure Hearings; Cancellation or Refusal of Insurance [41 Pa.B. 1986]
[Saturday, April 9, 2011]The following insureds have requested a hearing as authorized by the act of June 17, 1998 (P. L. 464, No. 68) (Act 68) in connection with the termination of the insureds' automobile insurance policies. The hearings will be held in accordance with the requirements of Act 68; 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure); and 31 Pa. Code §§ 56.1—56.3 (relating to Special Rules of Administrative Practice and Procedure). The administrative hearings will be held in the Insurance Department's regional office in Philadelphia, PA. Failure by an appellant to appear at the scheduled hearing may result in dismissal with prejudice.
The following hearings will be held in the Philadelphia Regional Office, Fairmount Hearing Room, 801 Market Street, Philadelphia, PA 19107.
Appeal of Kimberly Powers; file no. 10-215-95919; Progressive Direct Insurance Company; Doc. No. PH10-12-022; May 20, 2011, 11 a.m.
Appeal of John and Patricia Thoma; file no. 10-214-97519; Travelers Home and Marine Insurance Company; Doc. No. PH11-02-005; May 20, 2011, 9 a.m.
Appeal of Alfred Zhibaj; file no. 11-216-98783; State Farm Mutual Automobile Insurance Company; Doc. No. PH11-02-016; May 20, 2011, 1 p.m.
Parties may appear with or without counsel and offer relevant testimony or other relevant 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 Insurance Commissioner (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 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 may be subject to judicial review by the Commonwealth Court.
Persons with a disability who wish to attend the previously-referenced administrative hearing and require an auxiliary aid, service or other accommodation to participate in the hearing should contact Donna R. Fleischauer, Human Resources Director, (717) 705-4194.
MICHAEL F. CONSEDINE,
Acting Insurance Commissioner[Pa.B. Doc. No. 11-639. Filed for public inspection April 8, 2011, 9:00 a.m.]
