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JASKULA v. ESSEX INS. CO.

900 A.2d 931 (2006)

James J. JASKULA, Managing Member, Aqua Dry Waterproofing and Structural Repair, L.L.C., Appellee v. ESSEX INSURANCE COMPANY, Appellant.

Superior Court of Pennsylvania.

Filed May 26, 2006.

Attorney(s) appearing for the Case

John G. Shorall, Pittsburgh, for appellant.

David J. Weaver, Johnstown, for appellee.

BEFORE: FORD ELLIOTT, TODD, and POPOVICH, JJ.

OPINION BY TODD, J.:

¶ 1 In this declaratory judgment action, Essex Insurance Company ("Essex") appeals the April 29, 2005 order denying its motion for summary judgment and granting the cross-motion for summary judgment of James J. Jaskula, Managing Member, Aqua Dry Waterproofing and Structural Repair, L.L.C. ("Aqua Dry"). For the following reasons, we reverse.

¶ 2 The trial court provided the following summary of the factual and procedural background...

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