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W.W. MGT. & DEV. CO. v. SCOTTSDALE INS. CO.

Civ. No. 90-7976.

769 F.Supp. 178 (1991)

W.W. MANAGEMENT AND DEVELOPMENT COMPANY, INC. v. SCOTTSDALE INSURANCE CO.

United States District Court, E.D. Pennsylvania.

July 24, 1991.

Attorney(s) appearing for the Case

Edward H. Rubenstone, Bensalem, Pa., for plaintiff.

David Strawbridge, Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

DITTER, District Judge.

In this action charging breach of an insurance contract, defendant moved to dismiss plaintiff's second count, a charge based on 42 Pa.C.S.A. § 8371. Defendant claims the statute is void for vagueness. Having considered the parties' briefs, I will deny the motion to dismiss.

I. BACKGROUND

42 Pa.C.S.A. § 8371 provides:

In an action arising under an insurance contract, if the...

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