Aetna Inc. v. Lexington Insurance

ORDER

AND NOW, this 26th day of March, 2009, the Petitions for Allowance of Appeal at 378 EAL 2008, 380 EAL 2008, and 381 EAL 2008, are hereby GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, rephrased for clarity, is:

Whether the Superior Court departed from the accepted and usual course of judicial proceedings, in failing to adjudicate rescission claims, thus violating the parties’ due process rights.

The order of the Superior Court regarding this issue is VACATED, and the issue REMANDED to the trial court for an evidentiary hearing on…