Rockwood Insurance v. Pennsylvania Automobile Insurance Plan

Opinion by

President Judge Bowman,

Appellant Rockwood Insurance Company (Rock-wood) has filed a motion to retransfer to the Court of Common Pleas of Somerset County its suit in equity against the Pennsylvania Automobile Insurance Plan (Plan),1 into which the Pennsylvania Insurance Department (Department) has intervened as an additional defendant.2 The trial court transferred the case here pursuant to Section 5103(a) of the Judicial Code, 42 Pa. C.S. §5103(a), based upon its conclusion that the Department is an indispensable party to the litigation and that therefore exclusive original…