ZURICH AMERICAN INS. CO. v. O'HANLON

No. 1193 EDA 2008.

968 A.2d 765 (2009)

ZURICH AMERICAN INSURANCE COMPANY v. Michael O'HANLON, Steven Garfinkel, John Boyle, Terry Cady, Richard Miller, Anthony Turek, Gerald Cohn, Nathan Shapiro, William Goldberg, Harry T.J. Roberts, John Mchugh, Philip Jackson, Matthew Goldenberg, Matthew Colasanti, Lisa Cruikshank, Raymond Fear, Kenneth Grossman, Cedar Street Fund, Cedar Street, Offshore Fund, WM High Yield Fund, WM Income Fund, at High Yield Fund, WM VT Fund, at Income Fund, Evergreen Funding Ltd., Stellar Funding Ltd., Dennis Buckley, Fleet National Bank. Appeal of Dennis Buckley, The Trustee of the DVI Liquidating Trust.

Superior Court of Pennsylvania.

Filed March 16, 2009.


Attorney(s) appearing for the Case

Edward J. Stein, New York, NY, for appellant.

Ronald P. Schiller, Philadelphia, for Zurich, appellee.

BEFORE: BENDER, PANELLA and KELLY, JJ.


OPINION BY BENDER, J.:

¶ 1 Dennis Buckley, the Trustee of the DVI Liquidating Trust, appeals from the order granting summary judgment in favor of Zurich American Insurance Company in Zurich's action in equity against the Trustee in which Zurich sought reformation of an insurance policy that it issued to DVI, Inc. For the reasons that follow, we affirm.

¶ 2 The trial court summarized the background of this case as follows:

Plaintiff, Zurich...

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