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FISHER v. HARLEYSVILLE INS. CO.

423 Pa.Super. 362 (1993)

621 A.2d 158

Robert D. FISHER and E. Elizabeth Fisher, Natural Parents and Guardians of Donald T. Fisher, a minor, and Robert D. Fisher and E. Elizabeth Fisher in Their Own Right v. HARLEYSVILLE INSURANCE COMPANY, Selective Insurance Company of America, James W. Kennedy and Allstate Insurance Company Appeal of HARLEYSVILLE INSURANCE COMPANY.

Superior Court of Pennsylvania.

Filed March 8, 1993.

Attorney(s) appearing for the Case

Paul S. Goldman, Lancaster, for appellant.

Michael W. Wagman, Lancaster, for Fisher, appellees.

Joel D. Smith, Lancaster, for Selective Ins., appellee.

Before WIEAND, FORD ELLIOTT and HOFFMAN, JJ.

WIEAND, Judge:

In this action for declaratory judgment, the trial court determined that Donald T. Fisher had been an "occupant" of a truck which had been owned by Timothy Wiker and insured by Harleysville Insurance Company (Harleysville). Therefore, the court entered summary judgment holding that Fisher was entitled to recover underinsured motorist benefits from Harleysville. Harleysville appealed. After careful...

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