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PA Bulletin, Doc. No. 97-1331

NOTICES

Review Procedure Hearing; Cancellation or Refusal of Insurance

[27 Pa.B. 4165]

   Appeal of Mark A. McKeown under Act 78; File No. 95-188-00885; Erie Insurance Exchange; Doc. No. P95-03-027.

   A hearing was previously held on June 1, 1995 in this matter. The Insurance Department does not have a transcript of those proceedings and therefore the Insurance Commissioner cannot make a decision in accordance with 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to the Administrative Rules of Practice and Procedure). The Administrative Hearing Office has made diligent inquiries to the court reporting service in attendance at the hearing, as well as to the parties, to obtain a transcript. A new hearing, to be held de novo, is necessary to afford both parties a fair opportunity to be heard and to resolve the pending appeal. Therefore, under the act of June 5, 1968 (P. L. 140, No. 78) (40 P. S. §§ 1008.1--1008.11) (act) notice is hereby given that the above-captioned insured has requested a hearing, as authorized by section 9(a) of the act (40 P. S. § 1008.9(a)) in connection with the Company's termination of the above-captioned automobile policy.

   The hearing will be held in the Capitol Associates Building, 901 North Seventh Street, Second Floor Hearing Room, Harrisburg, PA 17102 on September 11, 1997, at 11 a.m.

   Both parties may appear with or without counsel and offer relevant testimony or evidence to support their respective positions. The representative of the company must bring relevant claims files, documents, photographs, drawings, witnesses, and the like, necessary to substantiate the case. The insured must bring any evidence which the insured may want to offer at the hearing. The hearing will be held in accordance with the requirements of sections 9 and 10 of the act (40 P. S. §§ 1008.9--1008.10) and 1 Pa. Code Part II (relating to the Administrative Rules of Practice and Procedure).

   After the hearing, 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 hearing and require an auxiliary aid, service or other accommodation to participate in the hearing, should contact Tracey Pontius, Agency Coordinator at (717) 787-4298.

GREGORY S. MARTINO,   
Acting Insurance Commissioner

[Pa.B. Doc. No. 97-1331. Filed for public inspection August 15, 1997, 9:00 a.m.]


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