EBERHART, et ux. v. NATIONWIDE INS.


238 Pa.Super. 558 (1976)

Eberhart et ux., Appellants, v. Nationwide Mutual Insurance Company.

Superior Court of Pennsylvania.

March 29, 1976.


Attorney(s) appearing for the Case

David J. Millstein, with him Millstein and Hoehler, for appellants.

Carl E. Fisher, with him Robinson, Fisher, Long & Rigone, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.


OPINION BY JACOBS, J., March 29, 1976:

This is an appeal from the order of the court below granting the defendant-appellee's motion for judgment on the pleadings. When ruling on a defendant's motion for judgment on the pleadings, the complaint, the answer containing new matter, and the reply to new matter shall be considered.1 Herman v. Stern, 419 Pa. 272, 276 n. 1, 213 A.2d 594, 596 n. 1 (1965)....

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