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PA Bulletin, Doc. No. 98-1856


Appeal of Connie Principato and Pennsylvania Collision Trade Guild, also t/a Coalition for Collision Repair Equality; Doc. No. DO98-10-002

[28 Pa.B. 5638]

   On October 2, 1998, Connie Principato and the Pennsylvania Collision Trade Guild, also t/a Coalition for Collision Repair Equality, filed a Petition for Declaratory Order seeking a determination by the Insurance Commissioner of Pennsylvania that insurance companies and their appraisers licensed to do business in this Commonwealth are violating the Appraisers Act and applicable regulations by certain referral and appraisal practices surrounding the appraisal and repair of damages to motor vehicles. The Petition also seeks a determination that insurance companies are violating the Unfair Insurance Practices Act by misrepresenting terms of their insurance policies, by entering into agreements with selected direct repair shops, by engaging in unfair claim settlement or compromise practices in connection with claim payment and settlement, and by actions directed toward certain auto repair shops alleged to constitute a boycott of those shops. The Petition also seeks an order declaring that existing laws and regulations do not permit ''insurance companies and appraisers to only pay for 'prevailing market procedures' and only at the 'prevailing market rate' to repair damage to a motor vehicle.''

   And Now, this 26th day of October, 1998, under 1 Pa. Code §§ 35.30, 35.35 and 35.36, it is hereby Ordered as follows:

   1.  On or before December 4, 1998, interested persons desiring to participate shall file a petition to intervene pursuant to 1 Pa. Code §§ 35.27--35.32 and agencies authorized to participate shall file a notice of intervention pursuant to 1 Pa. Code § 35.27(1).

   2.  Petitions to intervene and notices of intervention shall be filed with the Docket Clerk of the Administrative Hearings Office, Pennsylvania Insurance Department, Capitol Associates Building Room 200, 901 North Seventh Street, Harrisburg, PA 17102.

   3.  Answers to petitions to intervene shall be filed on or before December 15, 1998.

   4.  Except as otherwise specifically provided herein, all protests, petitions and motions preliminary to hearing, and all answers to the petition for declaratory order, shall be filed on or before December 29, 1998.

   Interested persons are reminded of the need to serve all parties with any document which is filed with the Administrative Hearings Office. Copies of pertinent docket material relating to this case may be obtained from F. Karen Bernhard, Assistant Docket Clerk, at the above address, (717) 783-2126.

Insurance Commissioner

[Pa.B. Doc. No. 98-1856. Filed for public inspection November 6, 1998, 9:00 a.m.]

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