PENN-AMERICA INS. CO. v. PECCADILLOS, INC.

No. 914 WDA 2009.

27 A.3d 259 (2011)

PENN-AMERICA INSURANCE COMPANY, Appellant v. PECCADILLOS, INC., David M. Freeman, Loretta J. Swartwood, Administratrix of the Estate of Heidi Marie Britton Spicer, Michael J. Wright, Parent and Natural Guardian of Haley Morgan Wright, a Minor, Terry I. Soliwoda, Grandparent and Natural Guardian of Madison Paige Wander, a Minor, James R. Watson, Administrator of the Estate of Megan Ann Watson, Phillip L. Clark, Jr., Administrator of the Estate of Jacob Charles Latta, Appellees.

Superior Court of Pennsylvania.

Filed August 19, 2011.


Attorney(s) appearing for the Case

Gale White , Philadelphia, for appellant.

Mark J. Homyak , Pittsburgh, for Soliwoda and Wright, appellees.

BEFORE: STEVENS, P.J., FORD ELLIOTT, P.J.E., MUSMANNO, BENDER, GANTMAN, DONOHUE, ALLEN, LAZARUS, and OLSON, JJ.


OPINION BY BENDER, J.:

In this declaratory judgment action, Penn-America Insurance Company (Penn-America) appeals from the order granting summary judgment in favor of Peccadillos, Inc., and its proprietor, David M. Freeman (collectively "Peccadillos"), and denying Penn-America's cross motion for summary judgment. Penn-America contends that the trial court erred in finding that provisions of the company's general commercial liability policy of insurance compel its...

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