HORN v. ERIE INS. EXCHANGE


373 Pa.Super. 186 (1988)

540 A.2d 584

Howard R. HORN, an individual and Jill A. Horn, an individual, Appellants, v. ERIE INSURANCE EXCHANGE, Ronald M. Kean and Pamela Kean, his wife, Appellees.

Supreme Court of Pennsylvania.

Filed April 18, 1988.


Attorney(s) appearing for the Case

Robert W. Deer, Pittsburgh, for appellants.

Richard Levine, Pittsburgh, for appellees.

Before BROSKY, WIEAND and DEL SOLE, JJ.


WIEAND, Judge:

The issue in this appeal is whether a trial court may act sua sponte to transfer to another forum an action whose venue has been properly laid.

An action for declaratory judgment was filed in Allegheny County by Howard R. Horn and Jill Horn, his former wife, to adjudicate whether Erie Insurance Exchange (Erie) was required by the terms of its homeowner's policy to defend an action brought against the Horns in Washington County. That action,...

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