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CROWN CONST. CO. v. NEWFOUNDLAND A.I. CO.

429 Pa. 119 (1968)

Crown Construction Company v. Newfoundland American Insurance Co., Ltd., Appellant.

Supreme Court of Pennsylvania.

Reargued September 27, 1967.

March 15, 1968.

Attorney(s) appearing for the Case

John F. Naulty, with him George M. Spence, and Spence, Custer, Saylor, Wolfe & Rose, for appellant.

Norman A. Krumenacker, Jr., with him Gleason & Krumenacker, for appellee.

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

OPINION BY MR. JUSTICE JONES, March 15, 1968:

On June 1, 1964, Crown Construction Company (Crown), instituted an assumpsit action against Newfoundland American Insurance Company, Ltd. (Newfoundland), in the Court of Common Pleas of Cambria County. Service of process was made upon the Insurance Commissioner of the Commonwealth on June 3, 1964.1

On June 18, 1964, Newfoundland petitioned for...

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