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ASH v. CONTINENTAL INS. CO.

932 A.2d 877 (2007)

Brent D. ASH and Kathy Ash, his Wife, Appellants, v. CONTINENTAL INSURANCE COMPANY, Appellee.

Supreme Court of Pennsylvania.

Decided October 11, 2007.

Attorney(s) appearing for the Case

William Glenn Cohen, Esq., New Castle, for Kathy Ash.

Mary Kathryn Salynski, Esq., Pittsburgh, for Continental Insurance Company.

Christopher T. Lee, Esq., Christopher Todd Hildebrandt, Esq., Shannon Elizabeth Smith, Esq., Pittsburgh, for amicus curiae Pennsylvania Defense Institute.

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

OPINION

Justice EAKIN.

Appellants purchased an insurance policy from appellee on a parcel of real property in Lawrence County, Pennsylvania. The property was damaged by fire in July, 2000, and appellants filed a notice of loss. Appellee denied appellants' claim November 21, 2000, on the basis of concealment or fraud. On May 3, 2002, appellants filed a complaint against appellee alleging breach of contract. Appellee responded by filing a motion for...

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