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DONEGAL MUT. INS. CO. v. LONG

528 Pa. 295 (1991)

597 A.2d 1124

DONEGAL MUTUAL INSURANCE COMPANY, Appellant, v. Lynn E. LONG, individually and as Administratrix of the Estate of Lloyd E. Long, Deceased, and Kenneth Hertz and Lisa Hertz, his wife, and Cathleen C. Opel, Administratrix of the Estate of Joseph E. Hirst, Deceased, and Genway Corporation, Jones Pontiac Company, Jones Leasing Company, J & J Electronics, Amos Myers, Elsie Myers, Bullfrog Inn, Inc., and The Pennsylvania Insurance Guaranty Corporation. Appeal of GENWAY CORPORATION, Jones Pontiac Company and Jones Leasing Company.

Supreme Court of Pennsylvania.

Decided October 7, 1991.

Attorney(s) appearing for the Case

David H. Patterson and Louis C. Long, Pittsburgh, for appellant.

Peter J. Speaker, Harrisburg, for Donegal Mut. Ins. Co.

Joseph Roda, Lancaster, for Lynne E. Long and Kenneth and Lisa Hertz.

Harry St. C. Garman, Lancaster, for Cathleen C. Opel.

Matthew J. Creme, Jr., Lancaster, for J & J Electronics.

Timothy J. Reese, Lancaster, for Amos and Elsie Myers.

Timothy I. Mark, Harrisburg, for Bullfrog Inn, Inc.

Hugh M. Emory, Wayne, for Pa. Ins. Guar. Ass'n.

Before LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION

McDERMOTT, Justice.

In this opinion we are called upon to determine the responsibility of the Pennsylvania Insurance Guarantee Association to pay a covered claim in a situation where "excess" insurance is available. The underlying facts necessitating this opinion are not in dispute.

Joseph E. Hirst, now deceased, was a partner in a business enterprise operating under the name of J & J Electronics. Donegal Insurance Company (hereinafter...

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