SUPP v. ERIE INS. EXCHANGE


330 Pa.Super. 542 (1984)

479 A.2d 1037

James SUPP v. ERIE INSURANCE EXCHANGE and Liberty Mutual Insurance Company. Appeal of LIBERTY MUTUAL INSURANCE COMPANY.

Supreme Court of Pennsylvania.

Filed July 6, 1984.


Attorney(s) appearing for the Case

John Baginski, Pittsburgh, for appellant.

Colleen N. Kilbert, Pittsburgh, for Supp, appellee.

William R. Haushalter, Pittsburgh, for Erie, appellee.

Before ROWLEY, WIEAND and HESTER, JJ.


ROWLEY, Judge:

This is an appeal from a declaratory judgment entered after a court en banc dismissed the exceptions of the appellant, Liberty Mutual Insurance Company, to the findings and conclusions of the trial judge. We reverse.

Because a declaratory judgment action follows "as nearly as may be" the practice and procedure in an action in equity, Pa.R.C.P. No. 1601(a), we will review the determination of the trial court as we would a decree in equity...

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