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HOME MUT. INS. CO. v. SHELBY MUT. INS. CO.

276 Pa.Super. 82 (1980)

419 A.2d 105

HOME MUTUAL INSURANCE CO. v. The SHELBY MUTUAL INSURANCE COMPANY, Lloyd A. Hummel, Phyllis J. Hummel, Jeffrey Hummel, a minor, and David Hummel, a minor. APPEAL of The SHELBY MUTUAL INSURANCE COMPANY.

Superior Court of Pennsylvania.

Filed March 14, 1980.

Attorney(s) appearing for the Case

Steven A. Bergstein and Donald H. Lipson, Allentown, for appellant.

Mark H. Scoblionko, Allentown, for Home Mutual Insurance Company, appellee.

Armin Feldman, Allentown, will not file a brief on behalf of the Hummels, appellees.

Before CERCONE, President Judge, and WATKINS and LIPEZ, JJ.

CERCONE, President Judge:

The instant appeal raises a question of first impression in Pennsylvania: whether two insurance companies, one of which insures a husband's vehicle and the other insures the wife's vehicle, must share damages pro rata in certain circumstances under the uninsured motorists coverage of their policies. The hearing court in this declaratory judgment action found that they must so share. We affirm, albeit for a different reason from that which...

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