Paiano v. Home Insurance

VAN der VOORT, Judge:

This case arises on appeal from a summary judgment dismissing with prejudice two counts of a complaint sounding in assumpsit. The basis of the assumpsit counts is an alleged contractual obligation of The Home Insurance Company, appellee, to defend a personal injury action in which appellant was a co-defendant and to pay the resulting judgment against her. Appellant’s complaint also contained two counts sounding in trespass arising out of the same circumstances. They were also dismissed on an earlier motion but no appeal was taken.

The facts are these: on April 3, 1969,…