BUTTERFIELD v. GIUNTOLI


448 Pa.Super. 1 (1995)

670 A.2d 646

Kathleen A. BUTTERFIELD (Now Estate of Kathleen A. Butterfield, Deceased), Appellant, v. Robert L. GIUNTOLI, M.D., Alan Rubin, M.D., John J. Mikuta, M.D., Trustees of the Hospital of the University of Pennsylvania, Guy Benrubi, M.D., Stephen C. Rubin, M.D., Lexington Insurance Co., Appellees.

Superior Court of Pennsylvania.

Filed December 7, 1995.

Reargument Denied February 20, 1996.


Attorney(s) appearing for the Case

David Perry, Philadelphia, for appellant.

Melvin R. Shuster, Philadelphia, for Lexington Insurance Company, appellee.

Daniel F. Ryan, III, Plymouth Meeting, for Com. of PA Medical Professional Liability Catastrophe Loss Fund, amicus curiae.

Before KELLY, FORD ELLIOTT and OLSZEWSKI, JJ.


KELLY, Judge.

In this appeal we must determine whether the trial court properly granted summary judgment in favor of appellee, Lexington Insurance Company ("Lexington"), pursuant to the garnishment action brought by appellant-assignee, Estate of Kathleen A. Butterfield ("Butterfield"). Specifically, we must decide whether the instant insurance policy covered punitive damages in view of a Punitive Damages Amendatory Endorsement. In addition, we must determine whether...

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