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CHIAFULLO v. OHIO CAS. GROUP

No. 225 of 1990.

13 Pa. D. & C. 4th 272 (1991)

Chiafullo v. Ohio Casualty Group of Insurance Companies

Common Pleas Court of Lawrence County, Pennsylvania.

October 21, 1991.

Attorney(s) appearing for the Case

William Panella, for plaintiff.

Marshall J. Conn, for defendant.

McCRACKEN, P.J., October 21, 1991.

This is an action by a subcontractor on a payment bond in which the defendant-surety has moved for judgment on the pleadings claiming that the one-year period of limitations prescribed by 42 Pa.C.S. §5523 had expired prior to the commencement of this action on March 6, 1990. We must resolve this issue by determining when the subcontractor's cause of action on the payment bond arose.

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