AMERICAN AND FOREIGN INSURANCE COMPANY, Royal Insurance Co. of America, Safeguard Insurance Company and Royal Indemnity Company, Appellants
v.
JERRY'S SPORT CENTER, INC., Jerry's Sport Center Northeast, Inc., Bonitz Brothers, Inc., Outdoor Sports Headquarters, Inc., Simmons Gun Specialties, Inc., National Assoc. for the Advancement of Colored People, National Spinal Cord Injury Assoc., American International Insurance Company, Doe Corporations 1-15, Appellees.
Supreme Court of Pennsylvania.https://leagle.com/images/logo.png
Argued May 13, 2009.
Decided August 17, 2010.
Attorney(s) appearing for the Case
Jamie Lynn Lenzi, Pittsburgh, Eugene F. Hickey, II, Scranton, Cipriani & Werner, P.C., Celeste M. Butera, Pro Hac Vice, for American & Foreign Insurance Co., et al.
Frederick A. Tecce, Conrad O. Kattner, McShea & Tecce, P.C., Philadelphia, for Amicus Curiae Complex Insurance Claims Litigation Association.
Richard Charles Mason, C. Tyler Havey, Stephen A. Cozen, Cozen O'Connor, Philadelphia, for Amicus Curiae American Ins. Assoc. & National Assoc. of Mutual Ins. Co.
Sal Cognetti, Jr., Foley, Cognetti, Comerford, Cimini & Cummins, David Joseph Solfanelli, Kelley & Polishan, LLC, Scranton, for Jerry's Sport Center, Inc., et al.
John Norig Ellison, Timothy Patrick Law, Bryan William Petrilla, West Conshohocken, Reed Smith, L.L.P., Philadelphia, for Amicus Curiae United Policyholders.
John Edward Iole, Joseph W. Montgomery, III, Margaret Caitlin Gleason, Jones Day, Pittsburgh, Richard H. Albert, Allentown, for Amicus Curiae Air Products & Chemicals, Inc.
The issue in this case is whether, following a court's declaration that an insurer had no duty to defend its insured, the insurer is entitled to reimbursement of the amounts paid for the defense of its insured in the underlying lawsuit. The trial court held that the insurer was entitled to reimbursement, while the Superior Court held that it was not. For the following reasons, we affirm...
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