31 Pa. Code § 61.6 - Appeal procedures
(a) An
insured may request review by the Insurance Commissioner of the action of the
insurer in cancelling or refusing to renew his policy by making written request
therefore. 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 the 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 10 days of receipt of the report either
party may submit written comments for consideration by the Insurance
Commissioner.
(d) At the time
written comments are submitted, if either the insured or the insurer desires a
formal administrative hearing, the request shall be made. 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 the 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
the hearing will be sent by certified mail to the insurer and insured, not less
than 5 days prior to the hearing.
(2) The hearing will be recorded on tape with
a stenographer. The tape and stenographer's notes shall be prepared such that a
full verbatim transcription may thereafter be made. The 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) Relevant evidence of reasonable probative
value will be admitted into the record of the proceeding and reasonable
examination and cross-examination will be permitted.
(5) The provisions of 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.
Notes
This section cited in 31 Pa. Code § 61.5 (relating to notice of cancellation or refusal to renew; requirements).
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