MORGAN SMITH A.P. v. CONTINENTAL INS. CO.


418 Pa. 190 (1965)

Morgan Smith Automotive Products, Inc., Appellant, v. Continental Insurance Company.

Supreme Court of Pennsylvania.

May 25, 1965.


Attorney(s) appearing for the Case

Stephen D. Morgan, with him Charles H. Greenberg, and Robinson, Greenberg and Lipman, for appellant.

Sydney C. Orlofsky, with him Stephen A. Cozen, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, May 25, 1965:

The Court of Common Pleas sustained preliminary objections in the nature of a demurrer and entered an Order dismissing plaintiff's complaint in assumpsit.

The complaint alleged that defendant had issued to plaintiff-appellant a policy of insurance against loss by fire of certain auto heaters. The lower Court held that the insurance policy was unambiguous and by its terms covered only fire losses which were sustained...

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