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GOVERNMENT EMP. INS. CO. v. KEYSTONE INS. CO.

Civ. A. No. 75-668.

408 F.Supp. 1185 (1975)

GOVERNMENT EMPLOYEES INSURANCE COMPANY v. KEYSTONE INSURANCE COMPANY et al.

United States District Court, E. D. Pennsylvania.

December 31, 1975.

Attorney(s) appearing for the Case

Francis F. Quinn, Liebert, Short, Fitzpatrick & Lavin, Philadelphia, Pa., for plaintiff.

Larry Friedman, Philadelphia, Pa., for defendant James Donohue.

Gerald J. Cohen, Emas & Cohen Associates, Philadelphia, Pa., for defendants Keystone Ins. Co., Daniel Murray and Alberta Murray.

MEMORANDUM AND ORDER

BRODERICK, District Judge.

This is a declaratory judgment action instituted by the plaintiff insurance company for a determination that the automobile liability insurance policy which it issued to defendant Donohue is not the primary source of uninsured motorist recovery and that Donohue cannot "stack" uninsured motorist claims. It comes before the Court on motion of defendant Donohue to dismiss the action, pursuant to Rule 12(b) of...

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