PHILA. MFG'RS MUT. FIRE INS. CO. v. ROSE


368 Pa. 363 (1951)

Philadelphia Manufacturers Mutual Fire Insurance Company, Appellant, v. Rose.

Supreme Court of Pennsylvania.

June 27, 1951.


Attorney(s) appearing for the Case

George H. Detweiler, with him Robert A. Detweiler, David Fulmer Keely, and Charles W. Sweeney, for appellant.

Lemuel B. Schofield, with him W. Bradley Ward and Marvin Comisky, for appellee.

Before DREW, C.J., STERN, JONES, BELL, LADNER and CHIDSEY, JJ.


OPINION BY MR. CHIEF JUSTICE DREW, June 27, 1951:

Philadelphia Manufacturers Mutual Fire Insurance Company, plaintiff, insured certain real estate owned by Max Rose, defendant. A fire occurred in 1946 and thereafter plaintiff filed a petition for a declaratory judgment to determine whether its policy covered the building damaged by the fire. The learned trial judge held that it did not. Upon exceptions being filed, the court en banc dismissed the proceedings as not...

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