PENNSYLVANIA NAT. MUT. CAS. INS. CO. v. KAMINSKI LUMBER CO.


397 Pa.Super. 484 (1990)

580 A.2d 401

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Appellant, v. KAMINSKI LUMBER CO. INC., Danny M. Toney, Barbara Toney Schurman Machine Inc., a Subsidiary of U.S. Natural Resources, Inc. and Van Auken Mill Supplies and Equipment Co., Inc., Appellee.

Supreme Court of Pennsylvania.

Decided September 17, 1990.


Attorney(s) appearing for the Case

George F. Douglas, Jr., Carlisle, for appellant.

Lillian M. Morgan, York, for Kaminski Lumber, appellee.

Terry S. Hyman, Harrisburg, for Toney, appellees.

Timothy I. Mark, Harrisburg, for Natural Resources, appellee.

Before WIEAND, DEL SOLE and MONTEMURO, JJ.


DEL SOLE, Judge:

This is an appeal from a grant of summary judgment in a declaratory judgment action. The action was filed by Appellant, Pennsylvania National Mutual Casualty Insurance Company, seeking a ruling that it owed no coverage or duty to provide a defense to its insured, Appellee, Kaminski Lumber Co. As stated by the trial court the genesis of the case concerns an injury sustained by Danny Toney when he was struck by a board rejected from a saw he was using...

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