WILKES v. PHOENIX HOME LIFE MUT. INS. CO.


851 A.2d 204 (2004)

Andrea D. WILKES, David H. Ehrenwerth and Charles K. Clark, as trustees of the Mark E. and Myrna L. Mason Irrevocable Trust, Mark E. Mason and Myrna L. Mason, Appellants, v. PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY, a corporate, and Balanced Equities, Inc., a corporation, Appellees.

Superior Court of Pennsylvania.

Filed May 26, 2004.


Attorney(s) appearing for the Case

David L. McClenanhan, Pittsburgh, for appellants.

Jeffrey G. Weil, Philadelphia, for Phoenix Home, appellees.

Before: FORD ELLIOTT, TODD, and TAMILIA, JJ.


TODD, J.

¶ 1 Appellants Andrea D. Wilkes, David H. Ehrenwerth, and Charles K. Clark, trustees of the Mark E. and Myrna L. Mason Irrevocable Trust (the "Trust"), and Mark E. and Myrna L. Mason appeal from the order of the Allegheny County Court of Common Pleas granting summary judgment in favor of Appellee Phoenix Home Life Mutual Insurance Company ("Phoenix"). We reverse, and remand.

¶ 2 The facts and procedural...

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