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OLD GUARD INS. CO. v. SHERMAN

866 A.2d 412 (2004)

OLD GUARD INSURANCE COMPANY v. Walter E. & Priscilla D. SHERMAN, Appellants, v. Jamie T. and Candy L. Spencer, Henry U. Sherman, Kelly M. Sherman, Sherman Family Farm Partnership, Henry U. Sherman t/d/b/a Hen-Kel Farms, Warner's Tractor and Equipment Company, Inc. t/d/b/a Warner's Tractor Company, Massey Ferguson, Inc. and Agco Corporation. Old Guard Insurance Company v. Walter E. Sherman; and Priscilla D. Sherman; and Jamie T. Spencer; and Candy L. Spencer; and Henry U. Sherman; and Kelly M. Sherman; and Sherman Family Farm Partnership; and Henry U. Sherman t/d/b/a Hen-Kel Farms; and Warner Tractor Company; and Massey-Ferguson, Inc.; and Agco Corporation Appeal of Jamie T. and Candy L. Spencer, Appellants.

Superior Court of Pennsylvania.

Filed December 30, 2004.

Attorney(s) appearing for the Case

William A. Hebe, Wellsboro, for Sherman, appellant.

Henry U. Sherman, appellee, Pro Se.

Kelly M. Sherman, appellee, Pro Se.

Thomas S. Brumbaugh, Harrisburg, for Old Guard, appellee.

David B. Keeffe, Sayre, for Spencer, appellee.

Albert M. Saltz, Wayne, for Warner's Tractor, appellee.

Before: FORD ELLIOTT, JOYCE, and BECK, JJ.

OPINION BY ELLIOTT, J.:

¶ 1 These two appeals challenge the trial court's order granting judgment on the pleadings to Old Guard Insurance Company ("insurer") in this declaratory judgment action. Insurer filed the declaratory judgment action seeking a declaration that it had no duty to defend and/or indemnify Walter E. Sherman and Priscilla D. Sherman ("insureds") in the underlying wrongful death and survival action. Appellants insureds filed the appeal docketed...

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