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HANOVER INS. v. STATE WORKERS' INS. FUND

No. 620 M.D. 2010.

35 A.3d 849 (2012)

HANOVER INSURANCE COMPANY and Dependable Distribution Company, Petitioners v. STATE WORKERS' INSURANCE FUND OF the COMMONWEALTH of Pennsylvania and Department of Labor and Industry of the Commonwealth of Pennsylvania and Seabright Insurance Company and Dionis Nunez, Respondents.

Commonwealth Court of Pennsylvania.

Decided January 19, 2012.

Attorney(s) appearing for the Case

Scott M. Russ , Mt. Laurel, NJ, for petitioners.

James D. Jordan , Scranton, for respondents State Workers' Insurance Fund and Department of Labor and Industry.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and BROBSON, Judge, and McCULLOUGH, Judge, and BUTLER, Judge.

OPINION BY Judge McCULLOUGH.

Before the court is the preliminary objection filed by the Department of Labor and Industry and State Workers' Insurance Fund (SWIF) to a complaint in our original jurisdiction filed by Hanover Insurance Company and Dependable Distribution Company (together, Petitioners) pursuant to the Declaratory Judgments Act, 42 Pa.C.S. §§ 7531-7541. Petitioners are seeking a declaration of their rights under an insurance policy issued by...

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