J.H. FRANCE REFRACTORIES v. ALLSTATE


521 Pa. 91 (1989)

555 A.2d 797

J.H. FRANCE REFRACTORIES COMPANY and the Van Brunt Company, Appellants, v. ALLSTATE INSURANCE COMPANY, Pennsylvania Manufacturers' Association Insurance Company, St. Paul Insurance Company, U.S. Fire Insurance Company, Wausau Insurance Company, and Rockwood Insurance Company, Appellees. ALLSTATE INSURANCE CO., Appellant at No. 111, v. J.H. FRANCE REFRACTORIES COMPANY, Appellant at No. 109, Pennsylvania Manufacturers' Association Insurance Company, Appellant at No. 110, St. Paul Insurance Company, Appellant at No. 112, Wausau Insurance Company, U.S. Fire Insurance Company, Appellant at No. 113, and Rockwood Insurance Company. Appeal of PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY. Appeal of ST. PAUL INSURANCE COMPANY. Appeal of U.S. FIRE INSURANCE COMPANY.

Supreme Court of Pennsylvania.

Decided March 3, 1989.


Attorney(s) appearing for the Case

Mark D. Turetsky, Norristown, for appellants.

Donald E. Seymour, Peter J. Kalis, Daivd J. Strasser, Pittsburgh, for amicus Dresser Industries, H.K. Porter, et al.

Robert N. Sayler, Washington, D.C., for amicus Armstrong World Industries.

Earl T. Britt, Plymouth Meeting, Wayne Schaible, Philadelphia, for PMA.

Ralph L. Hose, Ardmore, for St. Paul.

Martin Mullen, William F. Sullivan, Philadelphia, for Wausau.

John C. Sullivan, Joseph G. Mantal, Philadelphia, for Allstate.

John A. Luchsinger, Delaware, Nancy A. Sennett, Meadville, for U.S. Fire.

Mitchell S. Pinsly, Marc Reuben, Philadelphia, for Rockwood.

Before NIX, C.J., and FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and STOUT, JJ.


FLAHERTY, Justice.

This case presents the question of whether the jurisdiction of a Common Pleas Court is defeated in a declaratory judgment action where all parties having claims are joined at the time of the action, but subsequently, additional claimants file suit against one of the parties and the additional claimants are not added as parties to the original declaratory judgment action.

The factual background of the case is that J.H. France Refractories...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases