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HTR RESTAURANTS v. ERIE INSURANCE EXCHANGE

No. 902 WDA 2020 No. 903 WDA 2020.

260 A.3d 978 (2021)

2021 PA Super 158

HTR RESTAURANTS, INC. d/b/a/ Siebs Pub, individually and on behalf of a class of similarly situated persons, 3382 Babcock Boulevard, Pittsburgh, PA 15327, Appellee v. ERIE INSURANCE EXCHANGE, 100 Erie Insurance Place, Erie, PA 16530, Appellant Joseph Tambellini, Inc. d/b/a Joseph Tambellini Restaurant, 5701 Bryant Street, Pittsburgh, PA 15206, Appellee v. Erie Insurance Exchange, 100 Erie Insurance Place, Erie, PA 16530, Appellant.

Superior Court of Pennsylvania.

Filed: August 10, 2021.

Reargument Denied: October 13, 2021.

Attorney(s) appearing for the Case

Frederick P. Santarelli , Blue Bell, for appellant.

Scott B. Cooper , Harrisburg, for HTR Restaurants, Joseph Tambellini Restaurant and Siebs Pub.

Melinda C. Ghilardi , Scranton, for participating parties.

BEFORE: STABILE, J., KUNSELMAN, J., and PELLEGRINI, J.

Appellees, HTR Restaurants, Inc. ("HTR") and Joseph Tambellini, Inc. ("Tambellini"), filed civil actions in Allegheny County against Appellant, Erie Insurance Exchange, seeking coverage for alleged business interruption losses incurred as a result of COVID-19-related shutdowns. HTR and Tambellini moved for coordination of...

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