Aegis Security Insurance Company v. Pennsylvania Insurance Department

798 A.2d 330 (2002)

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Aegis Security Insurance Company v. Pennsylvania Insurance Department

Pennsylvania Commonwealth Court
798 A.2d 330 (2002)

Facts

Aegis Security Insurance Company (Aegis) (defendant) issued a homeowner’s policy to Kelly Broschart, who owned a dog named Heidi. Aegis had a policy not to provide coverage to applicants who own animals known to be unfriendly. At the time that Broschart applied for the policy, Heidi was not known to be unfriendly. One day, a Pennsylvania State Police trooper, Frederick Dyroff, crossed onto Broschart’s property from the back entrance where a “No Trespassing” sign was posted. Heidi was on the porch of the house and approached Dyroff. Dyroff then took his leather portfolio and waved it in the dog’s face to shoo her away. Heidi reacted by biting part of Dyroff’s pants and inflicting a superficial wound. After the incident was reported, Aegis canceled Broschart’s homeowner’s policy, stating that it constituted a substantial increase in hazard. The Pennsylvania Insurance Department (plaintiff) launched an investigation and held that the cancellation violated the Unfair Insurance Practices Act. Aegis appealed to the Insurance Commissioner of Pennsylvania, which affirmed the department’s holding. Aegis then appealed to the common-law court.

Rule of Law

Issue

Holding and Reasoning (Doyle, J.)

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