EQUIBANK v. STATE FARM MUT. AUTO. INS. CO.


426 Pa.Super. 354 (1993)

626 A.2d 1243

EQUIBANK, Personal Representative of the Estate of Stephen M. Daniel, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and John M. Daniel, Jr. Appeal of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, (Three Cases) Russell J. BARKLEY, Jr., v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and George M. Shernock, Appeal of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, (Three Cases)

Superior Court of Pennsylvania.

Filed May 6, 1993.

Reargument Denied July 8, 1993.


Attorney(s) appearing for the Case

Thomas F. Weis, Pittsburgh, for appellants.

Beth A. Brown, Pittsburgh, for appellees (at 343, 344 and 356).

Clem C. Trischler, Pittsburgh, for appellees (at 345, 346 and 626).

Before TAMILIA, JOHNSON and HESTER, JJ.


HESTER, Judge.

State Farm Mutual Automobile Insurance Co. appeals from summary judgment entered against it in these consolidated declaratory judgment actions. The issue presented is whether an anti-stacking clause that appears in both policies is clear and unambiguous. As we conclude that the anti-stacking provision is clear, we reverse the determination of the trial court and grant appellant's motion for summary judgment.

The relevant facts are as follows...

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