FIREMAN'S FUND INS. v. NATIONWIDE MUT. INS.


317 Pa.Super. 497 (1983)

464 A.2d 431

FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY and Ernest Clark.

Supreme Court of Pennsylvania.

Filed August 5, 1983.


Attorney(s) appearing for the Case

Michael D. Gallagher, Philadelphia, for appellant.

James C. Haggerty, Philadelphia, for appellees.

Before SPAETH, ROWLEY and CIRILLO, JJ.


ROWLEY, Judge:

This is an appeal from an order of the trial court granting summary judgment in favor of Nationwide Mutual Insurance Company (hereinafter "Nationwide" or "appellee") and against Fireman's Fund Insurance Company (hereinafter "Fireman's" or "appellant"). For the reasons set forth more fully below, we reverse.

On September 23, 1977, Ernest Clark, then 22 years of age, was involved in a single car motor vehicle accident while riding as a passenger...

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