KESSLER v. OLD GUARD MUT. INS. CO.


391 Pa.Super. 175 (1990)

570 A.2d 569

James L. KESSLER, Individually and Dolores M. Kessler, Individually and James L. Kessler, William J. Levine, and Maurice E. Rapp, Individually, and t/a KLR Associates, a Pennsylvania partnership v. OLD GUARD MUTUAL INSURANCE COMPANY and Harleysville Mutual Insurance Co., Appellants, v. Duane L. LABAR and Labar's Insurance Agency.

Supreme Court of Pennsylvania.

Filed February 27, 1990.


Attorney(s) appearing for the Case

Kathie D. King, Philadelphia, for appellants.

Thomas J. Maloney, Bethlehem, for Kessler, Levine and Rapp and t/a KLR Associates, appellees.

Theresa Hogan, Easton, for James Kessler and Dolores Kessler, appellees.

Before WIEAND, OLSZEWSKI and HOFFMAN, JJ.


WIEAND, Judge:

The issue in this appeal is whether insureds who have recovered a final judgment against their fire insurance carriers can refuse to satisfy the judgment unless the carriers pay them pre-judgment and post-judgment interest in addition to the amount of the judgment. This issue was submitted to the trial court in a separate action for declaratory judgment and was decided in favor of the insureds. We hold that the plaintiff insureds could properly require...

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