J. C. Penney Casualty Insurance v. Commonwealth

Opinion by

Judge Mencer,

This is an appeal by J.C. Penney Casualty Insurance Company (Penney) from an order of the Insurance Commissioner (Commissioner). Two important questions are raised: (1) whether the occurrence of two theft losses in an 18-month period is sufficient evidence of a “substantial change or increase in hazard” so as to justify the nonrenewal of an insurance policy pursuant to Section 5(a)(9) of the Unfair Insurance Practices Act (Act), Act of July 22, 1974, P.L. 589, as amended, 40 P.S. §1171.5(a) (9); and (2) whether due process is denied when one assistant attorney general…