Fletcher v. Pennsylvania Property & Casualty Insurance Guaranty Ass'n

DISSENTING OPINION BY

Senior Judge KELLEY.

I respectfully dissent.

In general, as this Court has previously noted:

[T]he Insurance Commissioner is charged with primary responsibility to resolve insurance questions. See generally, Metropolitan Property and Liability Insurance Company v. Insurance Commissioner, 517 Pa. 218, 229, 535 A.2d 588, 594 (1987). Where, as here, the statutory scheme is complex, the *485reviewing court must be cautious in substituting its discretion for that of the administrative agency. Graduate Health Systems v. Pennsylvania Insurance Department, 674 A.2d 867 (Pa.…