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WILKES EX REL. MASON v. PHOENIX HOME LIFE MUTUAL INS. CO.

902 A.2d 366 (2006)

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, v. PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY, A Corporation and Balanced Equities, Inc., A Corporation. Appeal of Phoenix Home Life Mutual Insurance Company, A Corporation.

Supreme Court of Pennsylvania.

Decided July 18, 2006.

Attorney(s) appearing for the Case

John P. Edgar, Jeffrey G. Weil, Philadelphia, for Phoenix Home Life Mutual Ins. Co.

Joseph Leibowics, Robert L. Byer, Pittsburgh, David L. McClenahan, Paul Joseph Berks, for Andrea D. Wilkes, et al.

CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER, JJ.

OPINION

Justice CASTILLE.

The primary issue on appeal is whether appellees Andrea D. Wilkes, David H. Ehrenwerth, and Charles K. Clark, trustees of the Mark E. and Myrna L. Mason Irrevocable Trust, and Mark E. Mason and Myrna L. Mason (collectively "appellees"), are barred by the doctrine of res judicata from bringing suit in Pennsylvania against appellant, Phoenix Home Life Mutual Insurance Company ("appellant" or "Phoenix"), due to an out...

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