Commonwealth ex rel. Kelly v. Commonwealth Mutual Insurance

Dissenting Opinion by

Mr. Justice O’Brien :

The majority bases its reversal of - the decree of the Court of Common Pleas of Dauphin County, sitting as Commonwealth Court, on the policy provision limiting the time within which contingent liabilities might be levied against CMIC’s insureds to one year from the date of expiration or cancellation of their respective policies. The majority reasons that the insurance commissioner approved that policy language and is, therefore, estopped, as statutory liquidator, from ignoring *183it. While that reasoning has first blush appeal, further reflection…