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HELLER v. LEAGUE OF CITIES & MUNICIPALITIES

No. 1853 C.D. 2007.

950 A.2d 362 (2008)

Frank D. HELLER and Beverly A. Heller, husband and wife v. PENNSYLVANIA LEAGUE OF CITIES AND MUNICIPALITIES t/d/b/a Penn Prime Trust a/k/a Pennsylvania Pooled Risk Insurance for Municipal Entities, Appellants.

Commonwealth Court of Pennsylvania.

Decided June 4, 2008.

Reargument Denied July 15, 2008.

Attorney(s) appearing for the Case

Brian P. Gabriel, Pittsburgh, for appellants.

No appearance entered on behalf of appellees.

BEFORE: FRIEDMAN, Judge, and COHN JUBELIRER, Judge, and COLINS, Senior Judge.

OPINION BY Senior Judge COLINS.

The Pennsylvania Leagues of Cities and Municipalities, doing business as Penn Prime Trust (Penn PRIME), a municipal insurer, appeals an order of the Court of Common Pleas of Venango County that granted a motion for summary judgment filed by Frank and Beverly Heller in their declaratory judgment action seeking a determination from the trial court that a provision in Penn PRIME's insurance agreement...

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