31 Pa. Code § 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.
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