HARLEYSVILLE M.I. CO. v. PHILA. TRANS. CO.


435 Pa. 316 (1969)

Harleysville Mutual Insurance Company, Appellant, v. Philadelphia Transportation Company.

Supreme Court of Pennsylvania.

June 27, 1969.


Attorney(s) appearing for the Case

Paul A. Lockrey, with him Joel Paul Fishbein, for appellant.

John P. Mason, with him H. Francis DeLone, for appellee.

Mitchell A. Kramer, with him David C. Harrison, and Kramer and Harrison, for appellee.

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


OPINION BY MR. CHIEF JUSTICE BELL, June 27, 1969:

Plaintiff filed a petition for a declaratory judgment as to whether an insurance policy written by it included protection against uninsured motorists when the insured party was injured while riding in a common carrier, namely, Philadelphia Transportation Company. The driver of the automobile which struck the P.T.C. car did not carry liability insurance. The policy relevantly provided that in case of a disagreement...

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