UNITED NAT. INS. CO. v. J.H. FRANCE REFRACTORIES CO.


417 Pa.Super. 614 (1992)

612 A.2d 1371

UNITED NATIONAL INSURANCE COMPANY, Appellant, v. J.H. FRANCE REFRACTORIES CO., the Van Brunt Company, Mineral Industries, Inc. and Green Point Fire Brick Company, Appellees.

Superior Court of Pennsylvania.

Filed July 27, 1992.


Attorney(s) appearing for the Case

Elizabeth W. Fox, Philadelphia, for appellant.

Mark D. Turetsky, Norristown, for appellees.

Before CIRILLO, DEL SOLE and KELLY, JJ.


KELLY, Judge:

In this opinion we are called upon to determine whether the trial court, sitting in equity, may properly enter a compulsory non-suit based on a statute of limitations defense; and if so, whether the trial court applied the proper limitations period. We find, first, that a trial court may apply a statute of limitations to determine the timeliness of an equitable action for rescission of a fraudulently obtained insurance policy. We also find that the trial...

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