Insurance Commissioner v. Yelen

88 Pa. D. & C. 337, 1954 Pa. Dist. & Cnty. Dec. LEXIS 358
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedJanuary 11, 1954
Docketno. 176
StatusPublished

This text of 88 Pa. D. & C. 337 (Insurance Commissioner v. Yelen) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Insurance Commissioner v. Yelen, 88 Pa. D. & C. 337, 1954 Pa. Dist. & Cnty. Dec. LEXIS 358 (Pa. Super. Ct. 1954).

Opinion

Kreider, J.,

— This is an appeal from an adjudication of the Insurance Commissioner of Pennsylvania revoking the “public adjuster” license issued for the year 1952 to Morris Yelen, appellant. A petition for supersedeas was granted and the revocation was thereby suspended pending the disposition of the appeal.

[338]*338The commissioner, by letter dated March 3, 1952, charged appellant (1) “with engaging in, being interested in and receiving profits from salvage and similar business in matters wherein you acted as a public adjuster, in violation of section 3 of the Act of April 25, 1921,1 P. L. 276, as amended” (40 PS §303) and, (2) with violating the condition and restriction of the public adjuster’s license issued March 29, 1948, which provided that “the licensee will not participate in the repair or replacement of any loss caused by fire where the licensee is handling the adjustment. . . .”

The testimony taken at a hearing before a representative of the Insurance Commissioner discloses that on November 6, 1948, a fire occurred in a dwelling house owned by Anna Krapta and Anthony Krapta, her husband, in Wilkes-Barre, Pa. This fire caused partial damage to the house and also damage to personal property therein.

The property, both real and personal, was insured by the Milwaukee Mechanics Insurance Company which employed the General Adjustment Bureau, Inc., to adjust the loss. On the evening of the day of the fire appellant, Morris Yelen, a public adjuster, came to the home of Mr. and Mrs. Krapta and obtained from them a contract in writing pursuant to the terms of the statute regulating public adjusting, which empowered him to represent them in the settlement of the loss.

On November 17, 1948, appellant and the Kraptas entered into a contract by which appellant agreed to perform for a contract price of $2,000 the repair and [339]*339rebuilding work required on the Krapta house, as set forth in certain specifications which were prepared at that time. This contract was made by the appellant in the name of the “Barry Construction Company”, which is wholly owned by him.

Thereafter, appellant received a check from the Milwaukee Mechanics Insurance Company in the sum of $3,367.45, which was endorsed by the Kraptas and deposited by appellant. The labor and materials for the completion of the work covered by the specifications and certain other extra work amounted to $2,547. To this appellant added his fee of $673.49 for adjusting the fire loss and deducted the total, $3,220.49, from the amount received from the insurance company. He thereupon tendered to the Kraptas a check for the balance of $146.96, which has been refused.2

Appellant contends (1) that section 3 of the Act of April 25, 1921, P. L. 276, as amended, 40 PS §303, does not prohibit a duly licensed public adjuster who has entered into a contract with the assured to represent him in the adjustment of a fire loss from making another contract with the assured to repair and rebuild his damaged property, and (2) that the restriction placed on appellant’s license on March 29, 1948, is unlawful and void because the Insurance Commissioner has neither the power nor the authority to issue a public adjuster’s license with special personal restrictions placed on the use and enjoyment of such license.

Section 3 of the Act of April 25, 1921, P. L. 276, as amended, 40 PS §303, provides, in part, as follows:

[340]*340“The Insurance Commissioner shall issue adjusters’ licenses and adjuster solicitors’ licenses to persons, partnerships, associations, or corporations applying therefor whom he deems to he trustworthy and competent to transact business as public adjusters and public adjuster solicitors, respectively, in such manner as to safeguard the interests of the public; but no license shall be issued to any person, partnership, association, or corporation engaged or interested in, or receiving any profit from, nor shall the holder of any such license engage or be interested in, or receive any profit from, any salvage or similar business.” (Italics supplied.)

Appellant, as stated, was the sole owner of the Barry Construction Company and entered into a contract with the Kraptas to repair and rebuild the damaged property. Does the repairing and rebuilding of damaged property fall within the statute which forbids a public adjuster to “be interested in or receive any profit from any salvage or similar business”?

Neither party has cited any judicial precedents, and our research has failed to disclosed any cases deciding this question. Therefore, the determination of the scope of the phrase “any salvage or similar business” is a question of statutory interpretation.

The prohibition against a public adjuster receiving a profit or being interested in “any salvage or similar business” was added to the Act of 1921, supra, by section 3 of the Act of April 26, 1929, P. L. 807, 40 PS §303. Concerning the origin and purpose of this provision, counsel for the Insurance Commissioner states in his brief:

“Research . . . has uncovered no clarifying records of legislative committees or of any other groups, to shed light upon the intention of the 1929 legislature. The answer must be found in the wording of the statute itself.”

[341]*341The object of all interpretations and construction of laws is to ascertain and effectuate the intention of the legislature when the act was passed. To give effect to that intention, but first to ascertain what it is, is the task given to the courts. See the Statutory Construction Act of May 28, 1937, P. L. 1019, sec. 51, 46 PS §551; Kearcher v. Mt. Oliver Borough Council, 363 Pa. 148, 151 (1949); Panik v. Didra, 370 Pa. 488, 493 (1952). Section 33 of the Statutory Construction Act, supra, provides:

“Words and phrases shall be construed according to rules of grammar and according to their common and approved usage; . . .”

Webster’s New International Dictionary, 2nd ed., 1952, defines “salvage” thus:

“That which is saved from destruction in a wreck, a fire, or the like; now, often, that which is extracted from wreckage, ruins, rubbish, or the like, as valuable or having further usefulness; . . .”

It is generally understood in the insurance business that the term “salvage” or “salvage business” refers to dealing with property which has been declared to be practically a total loss or has been damaged to such an extent as to lose its identity as the specific kind of property of which it was representative prior to the damage. However, there may remain parts of the damaged property which are of some value or usefulness. The “salvage business” is the buying and selling of portions of such damaged property for any price or value that can be obtained. It is the method employed by insurance companies to minimize their losses as much as possible. We believe this to be what the legislature had in mind when the amendment to the Act of 1921, supra, was passed in 1929, prohibiting public adjusters from being interested in or receiving a profit from “any salvage or similar business.”

[342]*342In the instant case appellant made a contract with the Kraptas to repair and rebuild the dwelling house. He neither purchased from the insurance company nor did the Kraptas assign to him any “salvage” materials.

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Related

Panik v. Didra
88 A.2d 730 (Supreme Court of Pennsylvania, 1952)
Kearcher v. Mt. Oliver Borough Council
69 A.2d 394 (Supreme Court of Pennsylvania, 1949)
Commonwealth v. A. M. Byers Co.
31 A.2d 530 (Supreme Court of Pennsylvania, 1943)
Holgate Bros. v. Bashore
200 A. 672 (Supreme Court of Pennsylvania, 1938)
Federal Deposit Insurance v. Board of Finance & Revenue of Commonwealth
84 A.2d 495 (Supreme Court of Pennsylvania, 1951)

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Bluebook (online)
88 Pa. D. & C. 337, 1954 Pa. Dist. & Cnty. Dec. LEXIS 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/insurance-commissioner-v-yelen-pactcompldauphi-1954.