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RAYBESTOS-MANHATTAN v. INDUS. RISK INS.

289 Pa.Super. 479 (1981)

433 A.2d 906

RAYBESTOS-MANHATTAN, INC., v. INDUSTRIAL RISK INSURERS, Appellant.

Superior Court of Pennsylvania.

Filed August 14, 1981.

Attorney(s) appearing for the Case

Miles A. Jellinek, Philadelphia, for appellant.

Christopher S. Underhill, Lancaster, for appellee.

Before PRICE, WIEAND and HOFFMAN, JJ.

WIEAND, Judge:

In this appeal, we are asked to interpret the exclusion clause contained in an all risk policy of insurance.

On June 5, 1978, a tank truck owned by Matlack, Inc. and carrying No. 2 fuel oil arrived at the premises of appellee, Raybestos-Manhattan, Inc., in Manheim, Lancaster County. Appellee's purchasing department, acting under the mistaken assumption that the truck was carrying heptane...

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