ALLSTATE INS. CO. v. DEMICHELE


888 A.2d 834 (2005)

ALLSTATE INSURANCE COMPANY, Appellant, v. Albert J. DEMICHELE, Administrator of the Estate of Joshua DeMichele, Appellee.

Superior Court of Pennsylvania.

Filed November 14, 2005.

Reargument Denied January 20, 2006.


Attorney(s) appearing for the Case

David J. Obermeier, Pittsburgh, for appellant.

John W. Pollins, Greensburg, for appellee.

BEFORE: MUSMANNO, TODD, and BOWES, JJ.


OPINION BY TODD, J.:

¶ 1 In this declaratory judgment action, Allstate Insurance Company ("Allstate") appeals the order granting summary judgment in favor of Albert J. DeMichele, administrator of the estate of Joshua DeMichele. We reverse and remand for entry of summary judgment in favor of Allstate.

¶ 2 The trial court provided the following factual background of this case, based on the stipulation the parties prepared for purposes of their motions...

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