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EGGER v. GULF INS. CO.

903 A.2d 1219 (2006)

Patricia M. EGGER, Administratrix of the Estate of Charles Egger, Deceased and National Union Fire Insurance Company, v. GULF INSURANCE COMPANY, Brownyard Group, Inc., W.H. Brownyard Corporation and/or Brownyard Brothers, Inc. and AON Risk Services, Inc. of Pennsylvania and Brokerage Professionals, Inc., Appeal of Gulf Insurance Company.

Supreme Court of Pennsylvania.

Decided August 23, 2006.

Attorney(s) appearing for the Case

John J. Barrett, Jr., Edward J. Kelbon, Jr., Esq., Karl Stewart Myers, Esq., Philadelphia, for Gulf Insurance Company.

Robert E. Kelly, Jr., Esq., Harrisburg, for amicus curiae Insurance Federation of Pennsylvania.

Thomas Wayne Hall, Esq., Lancaster, for Patricia M. Egger, Administratrix of the Estate of Charles Egger, Deceased, et al.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice NEWMAN.

In this case, we determine whether an assignee has standing to sue an insurer where the insured assigned its interest in an insurance policy without the prior consent of the insurer, contrary to the requirement in the policy. For the reasons that follow, we affirm the Order of the Superior Court that affirmed the Order of the Court of Common Pleas of Philadelphia County (trial...

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