PULLEYN v. CAVALIER INS. CORP.


351 Pa.Super. 347 (1986)

505 A.2d 1016

Richard PULLEYN and Rodger Sadlak, t/d/b/a Butler Custom Builders and Charles W. Davis, Jr., In His Own Right and In His Capacity as the Administrator of the Estates of Linda S. Davis and Kimberly Davis, and In His Own Capacity As the Parent and Natural Guardian of Jason Davis, a Minor and Kristen Davis, a Minor v. CAVALIER INSURANCE CORPORATION and Westmoreland Casualty Company Appeal of Charles W. DAVIS, Jr., In His Own Right and In His Capacity as the Administrator of the Estates of Linda S. Davis and Kimberly Davis, and In His Capacity as the Parent and Natural Guardian of Jason Davis, a Minor, and Kristen Davis, a Minor.

Supreme Court of Pennsylvania.

Decided February 10, 1986.

Reargument Denied March 7, 1986.


Attorney(s) appearing for the Case

Mark A. Criss, Zelienople, for appellant.

Louis C. Long, Pittsburgh, for appellee.

Before SPAETH, President Judge, and CAVANAUGH, BROSKY, ROWLEY, WIEAND, McEWEN, DEL SOLE, BECK and TAMILIA, JJ.


SPAETH, President Judge:

This appeal is from an order granting judgment on the pleadings in a declaratory judgment action. See 42 Pa.C.S. § 7531 et seq. The issue is whether an insurance company is obliged to defend, under a general liability insurance policy, an action in trespass in which it is alleged that the insured was negligent in entrusting a motor vehicle to an employee. The trial court granted judgment on the pleadings in favor of the...

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