PIPER AIRCRAFT CORP. v. INS. CO. OF N. AM. ET AL.

No. 216 C.D. 1979.

70 Pa.Commw. 589 (1982)

Piper Aircraft Corporation, Plaintiff v. Insurance Company of North America and Commonwealth of Pennsylvania, Department of Transportation, Defendants.

Commonwealth Court of Pennsylvania.

December 29, 1982.


Attorney(s) appearing for the Case

F. Hastings Griffin, Jr., with him Alfred A. Gollatz and Richard A. Deak, Dechert, Price & Rhoads, for plaintiff.

J. Grant McCabe, III, with him Thomas P. Wagner, Rawle & Henderson, for Defendant, Insurance Company of North America.

George D. Wenick, Assistant Attorney General, for respondent, Department of Transportation.

Argued December 13, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE ROGERS, December 29, 1982:

Before us in this declaratory judgment action are the parties' cross motions for summary judgment. The single issue presented is whether, by the issuance of a policy of aviation insurance to DOT in 1976 and the execution in 1977 of an endorsement to that policy naming Piper Aircraft Corporation (Piper) as an additional insured, the Insurance Company of North America...

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