PAXTON NAT. INS. CO. v. BRICKAJLIK


342 Pa.Super. 621 (1985)

493 A.2d 764

PAXTON NATIONAL INSURANCE COMPANY, Appellee, v. William BRICKAJLIK, Individually and t/a Brick's Farm Market, Appellant.

Supreme Court of Pennsylvania.

Filed May 31, 1985.


Attorney(s) appearing for the Case

Nino V. Tinari, Philadelphia, for appellant.

John S. Thome, Jr., Doylestown, for appellee.

Before CAVANAUGH, WIEAND and MONTGOMERY, JJ.


WIEAND, Judge:

William Brickajlik was the owner of a truck which had been stolen while in the possession of Mycek's Sunoco Service Center. Paxton National Insurance Company (P.N. I.), which had written a policy insuring against theft, reimbursed Brickajlik for his loss in the amount of $3,350. P.N.I. then attempted to assert a third party claim against Mycek's Sunoco Service Center. Brickajlik refused to sign a complaint which would have enabled P.N.I. to commence...

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