Erie Insurance v. Foster

COLINS, Judge.

Erie Insurance Company (petitioner) petitions for review of a September 29,1988 order of the Insurance Commissioner (Commissioner) which reversed the Insurance Department’s (Department) decision that petitioner’s nonrenewal of the automobile insurance policy of Bruce D. Franks (insured) was not in violation of what is commonly known as Act 78. 1 We reverse.

The insured, who has been deaf since birth, received notice from petitioner on October 28, 1987, of its intention not to renew his policy. This decision was based on the petitioner’s discovery that the insured had…