GIAMBRA v. AETNA CAS. & SUR. CO.


315 Pa.Super. 231 (1983)

461 A.2d 1256

James GIAMBRA and Theresa Giambra, his wife, Appellants, v. AETNA CASUALTY AND SURETY COMPANY and Insurance Placement Facility of Pennsylvania.

Supreme Court of Pennsylvania.

Filed May 13, 1983.

Reargument Denied July 22, 1983.

Petition for Allowance of Appeal Denied January 20, 1984.


Attorney(s) appearing for the Case

Joseph A. Lakowski, Pittston, for appellants.

Paul A. Barrett, Scranton, for Aetna, appellee.

Patrick J. O'Connor, Philadelphia, for Insurance, appellee.

Before BROSKY, WIEAND and CIRILLO, JJ.


BROSKY, Judge:

This action was commenced by appellants who seek compensation under fire insurance policies issued by appellees for damage to the Giambras' building. It is undisputed that the building, located in Pittston, Pennsylvania, was damaged in the amount of $159,541. At issue before us is appellants' contention that there was insufficient evidence adduced at trial to put before the jury certain defenses raised by appellees. Appellees had raised the defenses...

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