FOREST CITY GRANT LIB. ASSOC. v. GENRO II


438 Pa.Super. 553 (1995)

652 A.2d 948

FOREST CITY GRANT LIBERTY ASSOCIATES and JLM Grant Liberty Associates, T/A Grant-Liberty Development Group Associates, v. GENRO II, INC., T/A General Roofing Company and Carlisle Tire & Rubber Company, a Corporation, and Carlisle Corporation, T/A Carlisle Syntec Systems and Insurance Company of North America, v. MELLON-STUART COMPANY and Jos. L. Muscarelle, Inc., Individually and D/B/A Mellon-Stuart Company and Jos. L. Muscarelle, Inc., a Joint Venture, Burt Hill Kosar Rittelman Associates and UDA Architects, Individually D/B/A Joint Venture Architects, Baron/Wheeler, Inc., and RMAX, Inc. v. ALLIANCE INSURANCE GROUP, Alliance General Insurance Company and Alliance Syndicate, Inc., Appellants. FOREST CITY GRANT LIBERTY ASSOCIATES and JLM Grant Liberty Associates, T/A Grant-Liberty Development Group Associates, v. GENRO II, INC., T/A General Roofing Company and Carlisle Tire & Rubber Company, A Corporation, and Carlisle Corporation, T/A Carlisle Syntec Systems and Insurance Company of North America v. MELLON-STUART COMPANY and Jos. L. Muscarelle, Inc., Individually and D/B/A Mellon-Stuart Company and Jos. L. Muscarelle, Inc., A Joint Venture, Burt Hill Kosar Rittelman Associates and UDA Architects, Individually D/B/A Joint Venture Architects, Baron/Wheeler, Inc., and RMAX, Inc. v. ALLIANCE INSURANCE GROUP, Alliance General Insurance Company and Alliance Syndicate, Inc. Appeal of RMAX, INC.

Superior Court of Pennsylvania.

Filed January 12, 1995.


Attorney(s) appearing for the Case

Bradley S. Tupi, Pittsburgh, for Alliance Ins. Group, Alliance General Ins. Co. & Alliance Syndicate, Inc.

Robert J. Cindrich, Pittsburgh, for RMax, Inc.

Before WIEAND, OLSZEWSKI and KELLY, JJ.


WIEAND, Judge:

In this dispute over an insurer's duty to indemnify, the principal issue makes it necessary that we construe a clause in the policy which requires the insured to "cooperate" with the insurer.

When the owners of the Liberty Center discovered defects in the roofing on their several buildings,1 they commenced an action against Carlisle SynTec Systems, which had designed the several roofs, and General Roofing Company...

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