24 Pa. Commw. 127 | Pa. Commw. Ct. | 1976
Opinion by
The plaintiffs in this suit in assumpsit brought in this Court are the members of a Philadelphia law partnership. The defendant is The Pennsylvania Insurance Guaranty Association, a creature of legislation. The Pennsylvania Insurance Guaranty Association Act, Act of November 25, 1970, P.L. 716, 40 P.S. §1701.101 et seq.
The plaintiffs’ complaint states that they performed legal services in defense of claims and lawsuits brought by persons insured by Gateway Insurance Company; that on August 21, 1974 a judge of this Court ordered the liquidation of Gateway under the direction of the Pennsylvania Insurance Commissioner as statutory liquidator;
The defendant, The Pennsylvania Insurance Guaranty Association, has filed preliminary objections asserting under the heading Demurrer no less than 20 reasons why the complaint should be dismissed. Included is the assertion that this Court is without jurisdiction.
At oral argument, the defendants failed to press the matter of our jurisdiction. We, however, raised the matter at argument and directed the filing of supplemental briefs on this issue. Both parties now contend that this Court has jurisdiction. We disagree.
Section 401 (a) (1) of the Appellate Court Jurisdiction Act confers on the Commonwealth Court original jurisdiction of civil actions or proceedings against the Commonwealth. Act of July 31, 1970, P.L. 673, 17 P.S. §211.401. The same Act defines the Commonwealth as including departments, departmental administrative boards and commissions, officers, independent boards or commissions, authorities and “other agencies of this Commonwealth.” Section 102(a) (2), 17 P.S. §211.102 (a) (2).
Examination of The Pennsylvania Insurance Guaranty Association Act convinces us that the Association thereby created is not an agency of the Commonwealth. The stated purpose of the Act is to provide a means for the payment of covered claims under certain property and casualty insurance policies in order to avoid delay and loss of claims for policy holders as a result of the insolvency of the insurer. Section 102, 40 P.S. §1701.102. The membership of the Association includes every insurer authorized to write property and casualty insurance policies within the Commonwealth. The Association is
Two cases support our holding that the Association is not a State agency for purposes of our jurisdiction. In Richmond v. Pennsylvania Higher Education Assistance Agency, 6 Pa. Commonwealth Ct. 612, 297 A.2d 544 (1972), we held that the Pennsylvania Higher Education Assistance Agency was an agency of the Commonwealth. The Act of August 7, 1963, P.L. 549, as amended, 24 P.S.
Also of significance is Burton v. Temple University Law School, 18 Pa. Commonwealth Ct. 306, 335 A.2d 830 (1975), where, although noting that the Temple University-Commonwealth Act declares the University to be an instrumentality of the Commonwealth, one-third of its board is appointed by the Governor and substantial State funding provided, we, nevertheless, held the University not to be an agency of the Commonwealth for purposes of our jurisdiction. See also Mooney v. Temple University Board of Trustees, 448 Pa. 424, 292 A.2d 395 (1972). In our view, the organizational framework of Temple more nearly resembles that of PHEAA than does that of The Pennsylvania Insurance Guaranty Association.
We therefore enter the following
Order
And Now, this 18th day of March, 1976, pursuant to the provisions of Section 503 (b) of the Appellate Court Jurisdiction Act of 1970, 17 P.S. §211.503 (b), the above matter is hereby transferred to the Court of Common Pleas of Philadelphia County and the Chief Clerk shall certify to the Prothonotary of the Court of Common Pleas of Philadelphia County a photocopy of the docket entries of the above matter and transmit to him the record of said matter. The Chief Clerk is further directed to mail copies of this transfer order to all counsel.
. Pursuant to Section 502 of The Insurance Department Act of one thousand nine hundred and twenty-one, Act of May 17, 1921, P.L. 789, as amended, 40 P.S. §202.