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NATIONWIDE MUT. INS. COMPANY v. INS. CO. OF N. AM.

316 Pa.Super. 127 (1983)

462 A.2d 827

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA.

Supreme Court of Pennsylvania.

Filed July 8, 1983.

Attorney(s) appearing for the Case

Robert A. Naragon, Doylestown, for appellant.

Frederick E. Smith, Philadelphia, for appellee.

Before SPAETH, ROWLEY and VAN der VOORT, JJ.

ROWLEY, Judge:

This is an appeal from a declaratory judgment entered in favor of Appellee Insurance Company of North America (hereafter "INA"), holding that Appellant Nationwide Mutual Insurance Company (hereafter "Nationwide") is the primary insurance carrier responsible for the payment of benefits under the circumstances of this case. We reverse and remand with directions to enter declaratory judgment in favor of Nationwide.

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