RESOLUTION TRUST CORP. v. URBAN REDEV. AUTH.


412 Pa.Super. 351 (1992)

603 A.2d 618

RESOLUTION TRUST CORPORATION, as Receiver For First Federal Savings & Loan Association of Pittsburgh v. URBAN REDEVELOPMENT AUTHORITY OF PITTSBURGH and Verex Assurance, Inc. Appeal of VEREX ASSURANCE, INC.

Superior Court of Pennsylvania.

Filed February 14, 1992.


Attorney(s) appearing for the Case

Jeffrey T. Morris, Pittsburgh, for appellant.

John Lucas, Pittsburgh, for Resolution Trust Corp., appellee.

Scott D. Cessar, Pittsburgh, for Urban Redevelopment, appellee.

Before WIEAND, CIRILLO and MONTGOMERY, JJ.


WIEAND, Judge:

May the corporate insurer of a mortgage rescind its contract of guaranty after it has been determined that a material misrepresentation was made by the borrower and repeated by the lender in its application for insurance coverage? The trial court held that such a misrepresentation did not constitute a defense to the lender's claim and entered partial summary judgment against the insurer of the debt. For the reasons which follow, we reverse.

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