Foster v. Westmoreland Casualty Co.
Foster v. Westmoreland Casualty Co.
Opinion of the Court
Opinion by
The Insurance Commissioner has filed a petition for liquidation in -our original jurisdiction,
An independent actuarial firm analyzed Westmorelands financial condition and found significant reserve deficiencies and operating ..losses which threatened its financial integrity. Thereafter, a formal agreement was reached between the Insurance Department and Westmoreland under which Westmoreland would be permitted to continue operations provided certain written commitments for funds were obtained. Westmoreland agreed to waive its right to contest a liquidation petition if it did not obtain these funds..: Despite these events, two top Westmoreland officers were issued bonuses in excess of $30,000 and guaranteed $100,000 salaries.
Westmorelands' initial preliminary objection alleges that the instant petition lacks specificity because it fails to identify what acts -constitute grounds for liquidation. This contention is clearly without merit.
Section 520(a) of the Act, 40 P.S. §221.20(a), provides:
(a) The commissioner may apply.by petition to the Commonwealth Court for. an order directing him to liquidate a domestic insurer, domiciled in this Commonwealth, alleging-that the insurer has committed one or more .acts which may constitute grounds for liquidation.; as set forth in sections 514 and 519 of this article.
The petition in question not only, avers insolvency and hazardous financial condition as general grounds for liquidation
Westmoreland also preliminarily objects to the filing of a liquidation petition prior to an administrative hear
Section-520(f), 40 P.S. §221.20®, states:
(f) At the time of petitioning for an order of liquidation, or at any tiiiie thereafter^ the commissioner, after making appropriate findings of an insurers insolvency, following an administrative hearing, may petition the court for a judicial declaration of such insolvency. After providing such notice and hearing as are permitted for appeals from administrative agencies, the court may make the declaration.
We interpret this section to provide for an administrative hearing and appropriate findings only where the Commissioner reqüests a judicial declaration of insolvency in conjunction with a pending liquidation proceeding. In contrast, Section 520(a) and (b)
Accordingly, we overrule the preliminary objections.
Order
Defendants preliminary objections are overruled. We direct defendant to file responsive pleadings within thirty (30) days of the date of this Order.
42 Pa. C. S. §761(a)(3).
Act of May 17[ 1921[ P.L. '789, as amended, added by the Act of December 14, 1977, P.L. 280, 40 P.S. .§§221.1—221.63.
Section 519 of the Act permits any ground upon which a rehabilitation order may be based to serve also as grounds for liquidation. Section 514(1) of the Act, 40 P.S. §221.14(1), provides:
An order of rehabilitation may be based on one or more of the following grounds.
(1) The insurer is insolvent, or is in such condition that the further transaction of business would be hazardous, financially, to its policyholders, creditors,or the public.
2 Pa. C. S. §§101—754.
Section 520(b) provides:
(b) An order of the Commonwealth Court to liquidate the business of an insurer shall be issued only after a hearing before the court or pursuant to a written consent of the insurer.
This same procedure is required when' a rehabilitation petition is submitted under Section 515(a) and (b).
Section 1921 of the Statutory Construction Act of 1972, 1 Pa. C. S. §1921.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.