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BRETHREN MUT. INS. CO. v. McKERNAN

NO. 895 MDA 2005.

961 A.2d 205 (2008)

BRETHREN MUTUAL INSURANCE COMPANY, Appellee v. Cynthia McKERNAN f/k/a Cynthia Strobridge; Pamela Gardner and Wanda Cooley, as Co-Administratrixes of the Estate of Joseph M. Gardner, deceased; Pamela Gardner and Wanda Cooley, as Co-guardians of the Estate of Morgan Joseph Gardner, a Minor, and Pamela Gardner and Wanda Cooley, as Co-Guardians of the Estate of Erica Elaine Gardner, a Minor, Appellant.

Superior Court of Pennsylvania.

Filed November 18, 2008.

Attorney(s) appearing for the Case

Daniel J. Barrett, Athens, for appellant.

Bryon R. Kaster, Camp Hill, for appellee.

BEFORE: FORD ELLIOTT, P.J., MUSMANNO, LALLY-GREEN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.

OPINION BY PANELLA, J.:

¶ 1 Appellant, Cynthia McKernan, appeals from the order entered on May 5, 2005, in the Court of Common Pleas of Bradford County, which granted the Motion for Summary Judgment of Appellee, Brethren Mutual Insurance Company. In granting summary judgment, the trial court, in a decisive memorandum, held that Pennsylvania public policy prohibits insurance coverage for an order of restitution imposed pursuant to a criminal conviction. After...

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