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PA Bulletin, Doc. No. 02-543



Actions Taken by the Commission

[32 Pa.B. 1780]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, March 21, 2002, and took the following actions:

Regulations Approved:

   Insurance Department #11-213:  Requirements for All Policies and Forms, Preparation of Forms (repeals 31 Pa. Code § 89.14(b))

Approval Order

Public Meeting held
March 21, 2002

Commissioners Voting:  John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Insurance Department--Requirements for All Policies and Forms, Preparation of Forms; Regulation No. 11-213

   On February 21, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the Insurance Department. This rulemaking repeals 31 Pa. Code § 89.14(b). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This rulemaking repeals a provision relating to time limits for recovery of accidental death benefits. The repeal is based on the Pennsylvania Supreme Court decision in Burne v. Franklin Life Insurance Company, 451 Pa. 218, 301 A.2d 799 (1973). In Burne, the Court held that accidental death benefit policies may not be sold or issued in Pennsylvania if the death must occur within a certain time period in order for the death benefit to be paid.

   We have determined this regulation is consistent with the statutory authority of the Insurance Department (71 P. S. §§ 186, 411 and 412) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.


[Pa.B. Doc. No. 02-543. Filed for public inspection April 5, 2002, 9:00 a.m.]

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