AETNA INC. v. LEXINGTON INS. CO.

No. 378 EAL 2008, 379 EAL 2008, 380 EAL 2008, 381 EAL 2008, 382 EAL 2008.

968 A.2d 229 (2009)

AETNA INC. v. LEXINGTON INSURANCE COMPANY and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, RLI Insurance Company, Steadfast Insurance Company, Liberty Mutual Insurance Co., Fireman's Fund Insurance Company of Ohio, Executive Risk Specialty Insurance Co., Starr Excess Liability Insurance Co., Certain Underwriters at Lloyd's of London. Petition of Certain Underwriters at Lloyd's of London. Aetna Inc. v. Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, RLI Insurance Company, Steadfast Insurance Company, Liberty Mutual Insurance Co., Fireman's Fund Insurance Company of Ohio, Executive Risk Specialty Insurance Co., Starr Excess Liability Insurance Co., Certain Underwriters at Lloyd's of London. Petition of Lexington Insurance Co. and National Union Fire Insurance Co. of Pittsburgh, PA. Aetna Inc. v. Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, RLI Insurance Company, Steadfast Insurance Company, Liberty Mutual Insurance Co., Fireman's Fund Insurance Company of Ohio, Executive Risk Specialty Insurance Co., Starr Excess Liability Insurance Co., Certain Underwriters at Lloyd's of London. Petition of Executive Risk Specialty Insurance Company. Aetna Inc. v. Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, RLI Insurance Company, Steadfast Insurance Company, Liberty Mutual Insurance Co., Fireman's Fund Insurance Company of Ohio, Executive Risk Specialty Insurance Co., Starr Excess Liability Insurance Co., Certain Underwriters at Lloyd's of London. Petition of RLI Insurance Co. Aetna Inc. v. Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, RLI Insurance Company, Steadfast Insurance Company, Liberty Mutual Insurance Co., Fireman's Fund Insurance Company of Ohio, Executive Risk Specialty Insurance Co., Starr Excess Liability Insurance Co., Certain Underwriters at Lloyd's of London. Petition of Liberty Mutual Insurance Company.

Supreme Court of Pennsylvania.

March 26, 2009.


ORDER

PER CURIAM.

AND NOW, this 26th day of March, 2009, the Petitions for Allowance of Appeal at 378 EAL 2008, 380 EAL 2008, and 381 EAL 2008, are hereby GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, rephrased for clarity, is:

Whether the Superior Court departed from the accepted and usual course...

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