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ERIE INS. EXCHANGE v. MOORE

No. 869 WDA 2016.

175 A.3d 999 (2017)

2017 PA Super 372

ERIE INSURANCE EXCHANGE v. Tracy L. MOORE and Harold E. McCutcheon, III, Individually and as Administrators of the Estate of Harold Eugene McCutcheon, Jr., and Richard A. Carly. Appeal of: Richard A. Carly.

Superior Court of Pennsylvania.

Filed November 22, 2017.

Reargument Denied January 24, 2018.

Attorney(s) appearing for the Case

Jerome A. Moschetta , Canonsburg, for appellant.

Allan C. Molotsky , Philadelphia for appellee.

BEFORE: OLSON, J., SOLANO, J., and RANSOM, J.

Appellant Richard A. Carly appeals from the summary judgment entered on June 15, 2016, in favor of Appellee Erie Insurance Exchange in Erie's action for a declaration that it is not obligated to defend or indemnify the Estate of Harold Eugene McCutcheon, Jr. in a personal injury action filed by Carly. We reverse.

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