Stone & Edwards Insurance Agency, Inc. v. Department of Insurance

PELLEGRINI, Judge.

Before this court are cross-motions for summary judgment questioning whether the Unfair Insurance Practices Act (UIPA)1 is unconstitutional because it permits commingling of prosecutorial and adjudicative functions in the office of Insurance Commissioner (Commissioner), and whether the Insurance Department’s (Department) placing of administrative “holds” on an agent’s applications is improper.

I

Stone & Edwards Insurance Agency, Inc. (Stone & Edwards) is a licensed corporation authorized to sell insurance2 within the Commonwealth. Both Emerson Lightner and Gary Lightner…