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OXFORD PRESBYTERIAN CHURCH v. WEIL-McLAIN CO., INC.

815 A.2d 1094 (2003)

OXFORD PRESBYTERIAN CHURCH, Appellant, v. WEIL-McLAIN COMPANY, INC., American Manufacturers Mutual Insurance Company, Commonwealth of Pennsylvania Department of Labor and Industry, Thomas W. Hindman Plumbing, Heating & Air Conditioning, Jack's Plumbing & Heating, Inc., SICO Oil Company, South Penn Gas Company, Al Slack Gas Company. Oxford Presbyterian Church v. Weil-McLain Company, Inc., American Manufacturers Mutual Insurance Company, Commonwealth of Pennsylvania Department of Labor & Industry, Thomas W. Hindman Plumbing, Heating & Air Conditioning, Jack Plumbing & Heating, Inc., Sico Oil Company, South Penn Gas Company, Al Slack Gas Company. Appeal of Sico Oil Company, Appellant.

Superior Court of Pennsylvania.

Filed January 15, 2003.

Attorney(s) appearing for the Case

Richard W. Yost, Philadelphia, for Oxford Presbyterian Church.

Thomas P. Bracaglia, Plymouth Meeting, for Sico Oil Company.

Before: HUDOCK, FORD ELLIOTT, and OLSZEWSKI, JJ.

OPINION BY FORD ELLIOTT, J.:

¶ 1 This case had its genesis in May of 1989 when a fire destroyed a 134-year-old church in Chester County. The church settled its claim against its insurer, which then sought to discover the cause of the fire. Upon determining that the fire must have started in the church basement in the wood joists above one of the boilers that supplied the church with heat, the insurer filed subrogation...

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