Nationwide Mutual Insurance v. Foster

McGINLEY, Judge.

On April 9, 1991, Petitioners Nationwide Mutual Insurance Company, Nationwide Mutual Fire Insurance Company and Nationwide General Insurance Company (collectively, Nationwide) filed an action in our original jurisdiction seeking declaratory and injunctive relief against the Insurance Department and Insurance Commissioner Constance B. Foster (collectively, Commissioner). Presently before this Court is an application for summary relief filed by Nationwide and a cross-application for summary relief filed by the Commissioner. 1 The issue presented for our review is whether 75…