§ 59.7. Appeal procedure.
(a) An insured may request review by the Insurance Commissioner of the action of the insurer in cancelling or refusing to renew his or her policy by making written request therefor. This may be done by signing a copy of the ‘‘Notice of Cancellation or Refusal to Renew,’’ and sending it to one of the regional offices of the Insurance Department at one of the addresses given on the notice.
(b) Upon receipt of such request, both the insured and the insurer will be notified that an investigation has been undertaken and they may be contacted to secure additional information as required.
(c) Upon completion of the investigation, a copy of the investigative report will be supplied to both the insured and the insurer. Within ten days of receipt of the report either party may submit written comments for consideration by the Insurance Commissioner.
(d) If either insurer or insured desires a formal administrative hearing, such request shall be made at the time written comments are submitted. If so, a hearing will be scheduled as soon as possible. If not, the matter will be decided on the basis of the written comments and investigative report.
(e) Hearings will be held in accordance with the following procedures:
(1) Upon receipt of a request for a formal administrative hearing, notice of the time and place of such hearing will be sent by certified mail to the insurer and insured, not less than five days prior to the hearing.
(2) The hearing will be recorded on tape with a stenographer. The tape and stenographer’s notes must be prepared such that a full verbatim transcription may thereafter be made. Such tape will be retained for a period of 90 days following issuance of the Insurance Commissioner’s final order in the case.
(3) Parties will be afforded a reasonable time following the hearing to submit written briefs in support of their position.
(4) All relevant evidence of reasonable probative value will be admitted into the record of the proceeding and reasonable examination and cross-examination shall be permitted.
(5) The regulations in 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) may be used where conducive to speedy and fair proceedings.
(f) Upon completion of a hearing, if held, or upon receipt of the written comments, the Insurance Commissioner will issue an Order in conformance with his findings.
Source The provisions of this § 59.7 amended January 16, 1976, 6 Pa.B. 78. Immediately preceding text appears at serial page (19072).
Cross References This section cited in 31 Pa. Code § 59.6 (relating to notice of cancellation or refusal to renew requirements); and 31 Pa.B. § 59.13 (relating to foreign or language requirement).
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