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ROTHER v. ERIE INS. EXCHANGE

No. 1770 MDA 2011.

57 A.3d 116 (2012)

2012 PA Super 228

Patrick ROTHER and Daryl Rother, Appellees v. ERIE INSURANCE EXCHANGE, Appellant.

Superior Court of Pennsylvania.

Filed October 18, 2012.

Attorney(s) appearing for the Case

Michael A. Cognetti , Philadelphia, for appellant.

James V. Pyra, III , Kingston, for appellee.

BEFORE: BOWES, OTT, and STRASSBURGER, JJ.

OPINION BY BOWES, J.:

Erie Insurance Exchange ("Erie") appeals from the grant of summary judgment in favor of Patrick and Daryl Rother ("Mother") in this declaratory judgment action involving the applicability of the regularly used, non-owned vehicle exclusion in Mother's personal vehicle policy. After careful review, we reverse the grant of summary judgment in favor of the Rothers and remand for the entry of summary judgment...

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