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CONTINENTAL CAS. CO. v. PRO MACHINE

916 A.2d 1111 (2007)

CONTINENTAL CASUALTY COMPANY, Appellee v. PRO MACHINE, Randy Egbert and Paul Massey t/a and Paul Massey, Individual Appeal of Paul Massey. Paul Massey, Appellant v. Chris Rahley, CNA Insurance, Continental Casualty Company, Burns & Burns Associates, and Leland C. King Agency, Inc., Appellees.

Superior Court of Pennsylvania.

Filed January 17, 2007.

Attorney(s) appearing for the Case

Jeffrey S. Tarker, New Castle, for appellant.

John C. Grugan, Philadelphia, for CNA and Continental, appellees.

Cathie J. Fagan, Pittsburgh, for Continental, appellee.

BEFORE: HUDOCK, ORIE MELVIN and BENDER, JJ.

OPINION BY HUDOCK, J.:

¶ 1 Paul Massey (Massey), a partner in Pro Machine (Pro Machine or the Partnership), appeals from an order granting summary judgment to Continental Casualty Company (Continental) in the latter's declaratory judgment action. In this case of first impression, we are asked to determine whether Massey is entitled to under-insured motorist (UIM) benefits under a business automobile policy issued by Continental to Pro Machine. Upon careful review...

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