PETERS TP. SCH. DIST. v. HARTFORD ACC. & INDEM. CO.

Civ. A. No. 85-1731.

643 F.Supp. 518 (1986)

PETERS TOWNSHIP SCHOOL DISTRICT, Plaintiff, v. The HARTFORD ACCIDENT AND INDEMNITY COMPANY, Defendant.

United States District Court, W.D. Pennsylvania.

September 12, 1986.


Attorney(s) appearing for the Case

Reed B. Day, Peacock, Keller, Yohe, Day & Ecker, Washington, Pa., for plaintiff.

Richard W. DiBella, Jones, Gregg, Creehan & Gerace, Pittsburgh, Pa., for defendant.


OPINION

DUMBAULD, Senior District Judge.

Before us for disposition are plaintiff's motion for partial summary judgment, and defendant's motion for summary judgment. Both motions address the issue of liability. The question for decision is whether the "earth movement" exclusion in an insurance policy does or does not exclude coverage on two school buildings allegedly damaged in 1984 and 1985 by mine subsidence. The coal mining operations under the McMurray...

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