KELLNER v. AETNA CAS. & SUR. CO.

Civ. Nos. 80-0794, 81-0299.

605 F.Supp. 326 (1984)

Emil KELLNER and Natalie Kellner, Plaintiffs, v. The AETNA CASUALTY AND SURETY COMPANY, Defendants. Emil KELLNER and Natalie Kellner, Plaintiffs, v. ROYAL-INDEMNITY COMPANY, Third-Party Plaintiff, v. WHAMB LEASING INC. t/a Montgomery Sportswear, Inc. and Miss Cassie Fashions; Heim, George F., Jr.; United States Casualty Corp.; and Aetna Casualty & Surety Co., Third-Party.

United States District Court, M.D. Pennsylvania, Civil Division.

August 29, 1984.


Attorney(s) appearing for the Case

Martin J. Meyer, Kingston, Pa., for plaintiffs.

Clifford A. Rieders, Murphy, Mussina, Harris & Rieders, Williamsport, Pa., for third party defendants Whamb Leasing, Inc. T/A Montgomery Sportswear, Inc., Miss Cassie Fashions and George F. Heim, Jr.

Cozen, Begier & O'Connor, David R. Strawbridge, Philadelphia, Pa., for Royal Indem. Co.

Jeffrey B. Rettig, Harrisburg, Pa., for Aetna Cas. & Sur. Co.

Timothy E. Foley, Bour, Gallager, & Foley, Scranton, Pa., for Royal Indem. Co. (defendant).

Miller, Kistler & Campbell, Inc., Richard L. Campbell, State College, Pa., for U.S. Cas. Corp.


MEMORANDUM AND ORDER

CONABOY, District Judge.

These actions, filed against Aetna Casualty & Surety Company ("Aetna") and Royal Indemnity Company ("Royal") on July 28, 1980 and March 4, 1981 respectively, seek recovery of insurance proceeds allegedly due under co-extensive policies.1 On July 6, 1981 the cases were joined for administrative purposes. This Court, in reliance on Pennsylvania case law as it existed at the time...

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