Current through Register Vol. 54, No. 36, September 7, 2024
Rule 3774 - Manner of Initiating Article V Proceedings(a)Judicial review of summary orders (Section 510 of Article V, 40 P. S. § 221.10). A request for judicial review of a summary order issued by the Commissioner shall be presented by petition for review and shall conform to the provisions of Chapter 15 of the Pennsylvania Rules of Appellate Procedure applicable to matters in the Court's original jurisdiction.(b)Court's seizure order (Section 512 of Article V, 40 P. S. § 221.12). A petition by the Commissioner for a seizure order shall state the material facts that constitute the grounds for relief. The petition for seizure may be decided with or without an answer or a hearing. An insurer may petition the Court for hearing and review of an ex parte seizure order at any time and shall set forth the factual and legal basis in support of a contention that the Court should vacate or modify the seizure order. The Court may set a time for the Commissioner to file an answer, but in any event the Court shall decide the petition for hearing and review in accordance with Sections 512(d) and 513(a), (b), 40 P. S. §§ 221.12(d) and 221.13(a), (b).(c) Formal proceedings to commence rehabilitation or liquidation (Sections 515 and 520 of Article V, 40 P. S. §§ 221.15 and 221.20). (1) A petition by the Commissioner for rehabilitation or liquidation shall state the material facts that constitute the grounds for relief.(2) Unless the Court otherwise orders, within thirty (30) days of the filing of a petition for rehabilitation or a petition for liquidation, the insurer shall file either an answer to the petition or consent to the entry of an order granting the relief the Commissioner seeks in the petition. An answer shall state the material facts that constitute a defense to the petition. No other response by the insurer is permitted.(3) Following the entry of an order to rehabilitate or liquidate the business of an insurer, the Court may enter a case management order to supplement these Rules.The provisions of this Rule 3774 adopted June 8, 2012, effective 7/30/2012, 42 Pa.B. 3569.