INDEMNITY INS. CO. OF NORTH AMERICA v. MOTORISTS MUT. INS. CO.


710 A.2d 20 (1998)

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. MOTORISTS MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Pennsylvania.

Decided March 31, 1998.


Attorney(s) appearing for the Case

Catherine Hill Kunda, Peter J. Hoffman, Philadelphia, for Indemnity Ins. Co.

Christopher C. Conner, Harrisburg, for Pennsylvania Counties Risk Pool & Pennsylvania Polled Risk Trust Insurance of Municipal Entities (Amicus Curiae).

Geoffrey L. Beauchamp, Blue Bell, for Delaware Valley Ins. (Amicus Curiae).

Michael I. Levin, for Pennsylvania School Boards Ass'n Ins. Trust (Amicus Curiae).

Thomas A. Lonich, Washington, for Motorists Mut. Ins. Co.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.


OPINION OF THE COURT

CASTILLE, Justice.

The issue before this Court is whether an insurance coverage dispute arising out of an automobile accident caused by a public employee is governed by the indemnity provisions of the Judicial Code1 applicable to political subdivisions or the language of the insurance policies. We find that the language of the insurance policies at issue controls the question of coverage and therefore...

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