Review Procedure Hearings under the Unfair Insurance Practices Act
[39 Pa.B. 6526]
[Saturday, November 7, 2009]
The following insureds have requested a hearing as authorized by section 8 of the Unfair Insurance Practices Act (40 P. S. § 1171.8) in connection with their companies' termination of the insureds' policies. The administrative hearings will be held in the Insurance Department's regional office in Pittsburgh, PA. Failure by the appellant to appear at the scheduled hearing may result in dismissal with prejudice.
The following hearings will be held in the Pittsburgh Regional Office, Room 304, State Office Building, 300 Liberty Avenue, Pittsburgh, PA 15222.
Appeal of Rickard Briggs and Karla L. Wayne; file no. 09-302-72997; Nationwide Mutual Fire Insurance Company; Doc. No. PI09-08-006; December 4, 2009, 1 p.m.
Appeal of David A. Bruno; file no. 09-188-76941; Erie Insurance Exchange; Doc. No. P09-10-017; December 4, 2009, 2 p.m.
Parties may appear with or without counsel and offer relevant testimony and/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 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 may be 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, please contact Donna R. Fleischauer, Human Resources Director, at (717) 705-4194.
JOEL SCOTT ARIO,
[Pa.B. Doc. No. 09-2083. Filed for public inspection NOvember 6, 2009, 9:00 a.m.]
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