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LEXINGTON INS. CO. v. CHARTER OAK FIRE INS.

No. 2876 EDA 2012

81 A.3d 903 (2013)

LEXINGTON INSURANCE COMPANY, Appellant, v. THE CHARTER OAK FIRE INSURANCE COMPANY; North River Insurance Company; JPC-Jay Dee, Joint Venture, LLP; JPC Group, Inc., City of Philadelphia; Protection Services, Inc. and Sabrina Childs, Individually and as Wife and Administratrix of the Estate of Albert Childs, Appellees.

Superior Court of Pennsylvania.

Filed November 6, 2013.

Reargument Denied January 10, 2014.

Attorney(s) appearing for the Case

Luis C. Long , Pittsburgh, for appellant.

Wendy H. Koch , Jenkintown, for North River, appellee.

BEFORE: BENDER, P.J., DONOHUE, J., and MUSMANNO, J.

OPINION BY BENDER, P.J.

Lexington Insurance Company (Lexington) appeals from the order entered September 7, 2012, granting summary judgment to North River Insurance Company (North River) in this insurance coverage dispute. We reverse in part, affirm in part, and remand.

In 2005, the City of Philadelphia (City) undertook a flood control project in the Dobson Run area of Fairmont Park. The City contracted with CMX, Inc., formerly known as Schoor DePalma, Inc...

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