Professional Insurance Agents Ass'n of Pennsylvania, Maryland & Delaware, Inc. v. Koken

McGINLEY, Judge.

The Professional Insurance Agents Association of Pennsylvania, Maryland, and Delaware, Inc. and Roger A. Weber, a licensed Pennsylvania insurance agent (PIA) appeal from a declaratory order of Insurance Commissioner M. Diane Koken (Commissioner) that validated Pennsylvania Assigned Risk Plan Rule 14A (Plan Rule 14A) in the absence of regulations by the Insurance Department (Department).

The extensive history of this case, as recounted in the Commissioner’s declaratory opinion, is as follows:

On January 22, 1990, PIA filed a formal complaint naming the Plan [Pennsylvania Assigned…