In Somerville v. Insurance Department, 107 Pa. Commw. 402, 528 A.2d 693 (Pa. Cmwlth. 1987), Patrick and Diana M. Somerville (the Somervilles) had three accidents within thirty-six months of their insurance policy's anniversary date. One accident occurred in an intersection in October, 1983. A second accident involved a rear end collision in June 1984. A third accident occurred when Patrick Somerville took action to avoid hitting another car. Erie Insurance Company informed the Somervilles that it would not renew the policy in March 1986. The Insurance Department upheld the decision of nonrenewal. The Insurance Commissioner affirmed the Insurance Department's decision. Somerville, 528 A.2d at 694. The Somervilles petitioned for review with the Court. One of the issues they raised was that the insurer could not rely on the third accident because the insurer testified that subrogation was being pursued. The Somervilles further argued that the insurer should not be permitted to count that accident because it had not acted diligently in pursuing subrogation. The Court dismissed this argument: This Court has previously stated that an insurer's lack of diligence in pursuing subrogation or reimbursement does not estop it from counting an accident against an insured because the Act does not impose a duty on an insurer to file suit before it could consider an accident as a basis for non-renewal. Somerville, 528 A.2d at 695.