LUKO v. LLOYD'S LONDON


393 Pa.Super. 165 (1990)

573 A.2d 1139

Michael LUKO and Independent Pier Company v. LLOYD'S LONDON and The Institute of London Underwriters and Pennsylvania Insurance Guaranty Association. Appeal of LLOYD'S LONDON and The Institute of London Underwriters, Appellant. Michael LUKO and Independent Pier Company v. LLOYD'S LONDON and The Institute of London Underwriters and Pennsylvania Insurance Guaranty Association. Appeal of PENNSYLVANIA INSURANCE GUARANTY ASSOCIATION, Appellant.

Supreme Court of Pennsylvania.

Filed May 1, 1990.


Attorney(s) appearing for the Case

A. Robert Degen, Philadelphia, for appellant (at 1470) and appellee (at 1471).

Lise Luborsky, Philadelphia, for appellant (at 1471) and appellee (at 1470).

Charles F. Love, Philadelphia, for Lupko, appellee (at 1470 and 1471).

Frank C. Bender, Philadelphia, for Independent Pier, appellee (at 1470 and 1471).

Before BROSKY, WIEAND and JOHNSON, JJ.


JOHNSON, Judge:

In this declaratory judgment action appeal is taken from an order granting summary judgment to appellees Independent Pier Company and Michael Luko. We are asked to decide whether coverage provided by the Pennsylvania Insurance Guaranty Association Act (the PIGA Act), 40 P.S. § 1701.101 et seq. can be substituted as underlying insurance for the benefit of an excess insurer when the underlying insurer becomes insolvent and where the...

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