An attorney representing the Pennsylvania insurance commissioner argued before the state Supreme Court that when considering a rehabilitator’s plan to liquidate an insurance carrier, the courts should defer to the experts.
According to attorney Carl M. Buchholz of DLA Piper, who represented state Insurance Commissioner Michael F. Consedine in Consedine v. Penn Treaty Network America Insurance during oral arguments before the justices last Wednesday, the state General Assembly intended to give Consedine a “sphere of discretion” when determining whether to continue implementing a rehabilitation plan or if liquidation would be the best course of action.
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