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PENN PIPING, INC. v. INA

529 Pa. 350 (1992)

603 A.2d 1006

PENN PIPING, INC., Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Appellant.

Supreme Court of Pennsylvania.

Decided February 12, 1992.

Attorney(s) appearing for the Case

Diane Barr Quinlan, Grogan, Graffam, McGinley & Lucchino, P.C., Pittsburgh, for appellant.

Alfred C. Maiello, Maiello, Andrews & Price, Lee V. Price, Pittsburgh, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

Penn Piping, Inc. (PPI) filed an action against Insurance Company of North America (INA) alleging that INA defaulted on its promise to issue payment on performance bonds to parties who had contracted for PPI's services. An amended complaint was filed in 1981 and no other action of record was taken in the case until INA filed a motion to dismiss in 1987. The issue presented in this case is whether Superior Court erred...

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