HARRISON v. AETNA LIFE & CAS.


326 Pa.Super. 116 (1984)

473 A.2d 636

Ruth HARRISON v. AETNA LIFE AND CASUALTY, Appellant.

Supreme Court of Pennsylvania.

Filed March 23, 1984.


Attorney(s) appearing for the Case

R. Burke McLemore, Jr., Harrisburg, for appellant.

James Edgar Carlson, District Attorney, Wellsboro, for appellee.

Gary A. Wolensky, Philadelphia, for participating party.

Before MONTEMURO, WATKINS and CERCONE, JJ.


MONTEMURO, Judge:

This matter is before the court on the appeal of Aetna Life and Casualty (hereinafter "Aetna") from a final decree in a declaratory judgment action. Appellee, Ruth Harrison, commenced the declaratory judgment action to determine whether Aetna, under a contract of insurance, had a duty to defend her in a negligence action.

The lower court determined that: (1) the broker who had procured the policy was acting as an agent of Aetna, and (2) even...

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