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McCREARY R. CO. v. N. INS. CO. OF N.Y.

218 Pa.Super. 193 (1971)

McCreary Roofing Co., Inc. v. Northern Insurance Company of New York, Appellant.

Superior Court of Pennsylvania.

March 23, 1971.

Attorney(s) appearing for the Case

Bernard F. Quinn, with him Quinn, Plate, Gent, Buseck & Leemhuis, for appellant.

Wallace J. Knox, with him Knox, Graham, Pearson, McLaughlin and Sennett, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION PER CURIAM, March 23, 1971:

Judgment affirmed.

CONCURRING OPINION BY MONTGOMERY, J.:

This case involves the construction and application of a contractor's liability insurance policy containing an Exclusion h(3) clause, excluding coverage for damage or injury "to property in the care, custody or control of the Insured or property as to which the Insured for any purpose is exercising physical control. . . ." The policy was issued by The Northern...

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