PETITION OF ALLSTATE INS. CO.


289 Pa.Super. 329 (1981)

433 A.2d 91

In re Petition of ALLSTATE INSURANCE COMPANY, Subrogee of Robert S. Dunlap, for the return of a Motor Vehicle with a Falsified Serial Identification Number. Appeal of ALLSTATE INSURANCE COMPANY.

Superior Court of Pennsylvania.

Filed July 31, 1981.


Attorney(s) appearing for the Case

John M. Silvestri, Pittsburgh, for appellant.

Bernard J. Rabik, Beaver, for participating party.

Before CAVANAUGH, WATKINS and HOFFMAN, JJ.


HOFFMAN, Judge:

Appellant contends, inter alia, that the lower court erred in requiring it to prove by clear and convincing evidence that it was entitled to the return of an impounded vehicle with allegedly falsified identification numbers. We agree and, accordingly, reverse the order of the court below and remand for proceedings consistent with this opinion.

On October 3, 1979, appellant, Allstate Insurance Company filed a petition pursuant to section...

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