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DOWNING v. HARLEYSVILLE INS. CO.

412 Pa.Super. 15 (1992)

602 A.2d 871

Reginald DOWNING and Billie Jean Downing, his Wife and Guardian, Appellee, v. HARLEYSVILLE INSURANCE COMPANY, Appellant.

Superior Court of Pennsylvania.

Filed February 4, 1992.

Attorney(s) appearing for the Case

William H. Pugh, IV, Norristown, for appellant.

Phillip H. Baer, Philadelphia, for appellee.

Before WIEAND, McEWEN, OLSZEWSKI, DEL SOLE, BECK, TAMILIA, POPOVICH, JOHNSON and HUDOCK, JJ.

DEL SOLE, Judge:

Harleysville Insurance Company, [Harleysville] appeals from an award of Summary Judgment entered in favor of Plaintiff-Appellees, Mr. and Mrs. Downing, in the amount of $90,000 plus interest. Harleysville challenges this award on the basis that it is premised on an improper conclusion that Mr. Downing was an "occupant" of the Harleysville vehicle and further that this award would wrongly allow the Downings to receive multiple coverage for first party...

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