POWELL v. WALKER


428 Pa.Super. 31 (1993)

630 A.2d 16

Allen POWELL and John Mitchell, Appellees, v. Robert Franklin WALKER and Charter Risk Retention Group Insurance Company. Appeal of CHARTER RISK RETENTION GROUP INSURANCE COMPANY, Appellant.

Superior Court of Pennsylvania.

Filed August 4, 1993.


Attorney(s) appearing for the Case

Lawrence M. Kelly, Philadelphia, for appellant.

Richard Farber, Philadelphia, for appellees.

Before BECK, KELLY and BROSKY, JJ.


KELLY, Judge.

In this case we are called upon to determine, among other issues, whether an automobile liability insurer may rescind an automobile policy after sixty days from its inception to prevent a claim by a third party. Pursuant to recent Superior Court precedent, we hold that the insurer cannot so rescind. Therefore, we affirm the trial court's order requiring the liability insurer to compensate the third parties for injuries caused by the insured.

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