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ERIE INS. EXCHANGE v. MAIER

No. 2094 WDA 2007.

963 A.2d 907 (2008)

ERIE INSURANCE EXCHANGE, Appellant v. Mark D. MAIER and Emily A. Maier, Appellees.

Superior Court of Pennsylvania.

Filed December 31, 2008.

Attorney(s) appearing for the Case

Arthur Leonard, Pittsburgh, for appellant.

Scott D. Livingston, Pittsburgh, for appellee.

BEFORE: KLEIN, POPOVICH and FITZGERALD, JJ.

OPINION BY KLEIN, J.:

¶ 1 Erie Insurance Exchange (Erie) appeals from a declaratory judgment ordering it to defend and indemnify Mark W. Maier and Emily A. Maier and denying its cross-motion to refuse to order it to defend and indemnify.1 We reverse both orders and rule that Erie is under no obligation to either defend or indemnify the Maiers.

¶ 2 The underlying lawsuit was brought by First National Bank of Pennsylvania...

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