Metropolitan Property & Liability Insurance v. Insurance Commissioner

OPINION

NIX, Chief Justice.

This is an appeal from an order of the Commonwealth Court affirming the decision of the Insurance Commissioner that the appellant violated the Unfair Insurance Practices Act (“UIPA”) when it rescinded the policy of appellee, *308Edgar Miller. The question presented on appeal is whether UIPA precludes the common law remedy of rescission ab initio of an insurance policy which was fraudulently obtained.

In November of 1984, Mr. Edgar Miller applied for homeowner’s insurance with Metropolitan Property and Liability Insurance Company (“Metropolitan”). The Metropolitan agent…