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O'BRIEN ENERGY SYSTEMS, INC. v. AMERICAN EMPLOYERS' INS. CO.

427 Pa.Super. 456 (1993)

629 A.2d 957

O'BRIEN ENERGY SYSTEMS, INC., Appellant, v. AMERICAN EMPLOYERS' INSURANCE COMPANY, Federal Insurance Company, International Insurance Company, Liberty Mutual Insurance Company, National Union Fire Ins. Co. of Pittsburgh, Pa, Planet Insurance Company and Montgomery County, Pennsylvania, and Smithkline Beecham Corporation.

Superior Court of Pennsylvania.

Filed August 3, 1993.

Attorney(s) appearing for the Case

Lee M. Epstein, Philadelphia, for appellant.

Walter A. Stewart, Philadelphia, for Liberty Mut., appellee.

James A.A. Pabarue, Jr., Philadelphia, for American Employers', appellee.

Richard W. Bryan, Arthur Burger, pro hac vice National Union Fire Ins. Co. of Pittsburgh, appellee.

Before WIEAND, CIRILLO and POPOVICH, JJ.

WIEAND, Judge:

In this action for declaratory judgment to determine whether there was insurance coverage requiring one or more insurers to defend O'Brien Energy Systems, Inc. (O'Brien Energy) against a claim for property damage caused by the gradual migration of methane gas, the trial court entered summary judgment in favor of the insurers. O'Brien Energy appealed. For the reasons herein set forth, we affirm.

In 1979, SmithKline Beecham Corporation (SmithKline...

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