PECO ENERGY CO. v. INS. OF NORTH AMERICA


852 A.2d 1230 (2004)

PECO ENERGY COMPANY and Pennsylvania Department of Environmental Protection and United States Environmental Protection Agency v. INSURANCE COMPANY OF NORTH AMERICA, for Itself and as Successor to the Indemnity Insurance Company of North America, et al. Appeal of: Commercial Union Insurance Company, Hudson Insurance Company, Allstate Insurance Company, Solely as Successor in Interest to Northbrook Excess and Surplus Insurance Company, the Home Insurance Company, Old Republic Insurance Company, First State Insurance Company, Twin City Fire Insurance Company, Great Southwest Fire Insurance Company, the Continental Insurance Company, Employers Mutual Liability Insurance Company of Wisconsin (n/ k/a Employers Insurance Company of Wausau, a Mutual Company), Century Indemnity Company, as Successor to CCI Insurance Company, as Successor to Insurance Company of North America (On its Own Behalf and as Successor to Indemnity Insurance Company of North America), and as Successor to Cigna Specialty Insurance Company (Formerly Known as California Union Insurance Company). Peco Energy Company v. Pennsylvania Department of Environmental Protection and United States Environmental Protection Agency v. Insurance Company Of North America, for Itself and as a Successor to the Indemnity Insurance Company of North America, et al. Appeal of: Birmingham Fire Insurance Company of Pennsylvania, the Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA, and Providence Washington Insurance Company.

Superior Court of Pennsylvania.

Filed June 14, 2004.


Attorney(s) appearing for the Case

John C. Falls, Philadelphia, for Commercial Union Ins., appellant(at 392).

William H. Howard, Philadelphia, for Lexington, Providence, Ins. Co. of Pa., Birmingham Fire, Nat'l Union Fire, appellants(at 1247).

Paul DelVecchio and Joanne La Rose, Pittsbugh, for appellees.

Before: STEVENS, BENDER and MONTEMURO, JJ.


MONTEMURO, J.:

¶ 1 This is a consolidated appeal1 challenging the Order entered on January 2, 2003, in the Chester County Court of Common Pleas, granting Appellee PECO's motion to compel discovery.

¶ 2 This evidentiary dispute arose from in the context of a claim against numerous liability and property insurers for indemnity and reimbursement of costs incurred as a result of...

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