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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 97-1967

NOTICES

Appeal of Robert Golembeski Under Acts 78 and 205; Nationwide Insurance Companies; Doc. No. P97-11-011

[27 Pa.B. 6390]

   A hearing involving the cancellation of Automobile Insurance Policy No. 58-C-378-260 and Homeowner Insurance Policy No. 58-MP-801120 shall be conducted on January 8, 1998 at 9 a.m. in the Administrative Hearing Office, Room 200, 901 N. 7th St., Harrisburg, PA 17102. For the convenience of all participants, a consolidated, yet bifurcated hearing involving both automobile and homeowner cancellations shall ensue on the same day with the automobile insurance policy cancellation occuring first followed by the homeowner cancellation hearing. Because there exists a question of timeliness for the insured's request for review for both cancellations, each bifurcated hearing shall begin with the insured presenting testimony and/or evidence to the timeliness issue as to why the Commissioner should retain jurisdiction in this matter; in other words, the insured has the initial burden to prove a justification for the Insurance Commissioner to assume jurisdiction in a matter that appears to be facially untimely. Subsequent to the submission of evidence and testimony by all parties about the timely issue for each cancellation, Nationwide shall have the burden to prove that its cancellations did not violate the respective act.

   Since the timeliness of the insured's request for review for both cancellations remains at issue, the insurer's terminations of policies is affirmed pending the outcome of the hearing.

   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. A party intending to offer documents or photographs into evidence shall bring sufficient copies to supply a copy for the record and to each opposing party. The review of the Company's action by the Acting Insurance Commissioner or her designated representative will concern whether the Company has violated the act. Failure by the appellant to appear at the scheduled hearing may result in dismissal with prejudice.

   A hearing will be held in accordance with the requirements of the Administrative Agency Law, 2 Pa.C.S. §§ 501--508 and 701--704; section 8 of The Unfair Insurance Practices Act (40 P. S. § 1171.8) and the Administrative Rules of Practice and Procedure, 1 Pa. Code § 31.1, et seq.

   A written request for continuance of the scheduled hearing, for good cause, will be considered by the Presiding Officer. Prior to requesting a continuance, a party must contact the opposing party to determine whether the opposing party objects. Any request for continuance must indicate whether the opposing party objects to a continuance.

   After the hearing, the Acting 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 Acting Commissioner's Order will be sent to those persons participating in the hearing or their designated representatives. The order of the Acting 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.

M. DIANE KOKEN,   
Acting Insurance Commissioner

[Pa.B. Doc. No. 97-1967. Filed for public inspection December 5, 1997, 9:00 a.m.]


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