Insurance Federation of Pennsylvania, Inc. v. Koken

Concurring opinion by

Judge PELLEGRINI.

I concur with the majority’s decision to affirm the decision of the Insurance Commissioner (Commissioner) denying the Insurance Federation of Pennsylvania, Inc.’s (Federation) Petition for Declaratory Order but do not do so because I believe that our outcome in Prudential Property and Casualty Insurance Company v. Muir, 99 Pa.Cmwlth. 620, 513 A.2d 1129 (1986), petition for allowance of appeal denied, 514 Pa. 637, 522 A.2d 1106 (1987) was correct. Rather, I do so because Muir should not be reversed under the doctrine of stare decisis.

On June 30, 1997,…