Federal Kemper Insurance v. Commonwealth, Insurance Department

NIX, Chief Justice,

dissenting.

I do not believe that compliance with the cancellation notice required under section 5 of the Act of June 5, 1968, P.L. 140 No. 78, as amended, 40 P.S. § 1008.5, is so onerous upon the insurer that we should create a fictitious distinction between “mere” nonpayment and a “knowing” nonpayment.

I therefore would affirm the action of the Insurance Commission for the reasons set forth in the able opinion of the Commonwealth Court authored by Judge Barbieri.