FOLMAR v. HARTFORD ACC. & IND. CO.


242 Pa.Super. 350 (1976)

363 A.2d 1304

Darlene E. FOLMAR, Administratrix of the Estate of Robert Lee Folmar, Deceased, and Elsie J. Nittinger, Administratrix of the Estate of Raymond L. Nittinger, Jr., Deceased, Appellants, v. HARTFORD ACCIDENT & INDEMNITY CO., Appellee.

Superior Court of Pennsylvania.

September 27, 1976.


Attorney(s) appearing for the Case

Ambrose R. Campana, Williamsport, for appellants.

Arthur Silverblatt, Wilkes-Barre, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


VAN der VOORT, Judge:

There are two issues in this case, one being did the plaintiffs present sufficient evidence to warrant submitting to the jury the question of whether or not an automobile was "non-owned"; the other being are the plaintiffs estopped from asserting their claims as third party beneficiaries.

On September 2, 1966, Aaron D. Shaffer, Jr., (Shaffer, Jr.) was involved in a collision which caused the deaths of the plaintiffs-decedents on that...

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