Commonwealth, Department of Transportation v. Russell Standard Corp.

Opinion by

Judge McGinley,

Plaintiff Commonwealth of Pennsylvania, Department of Transportation (DOT) filed a complaint in our original jurisdiction seeking a declaratory judgment against Russell Standard Corporation (Russell Standard), a highway construction contractor and Fireman’s Fund, an insurance company, on a Certificate of Insurance Russell Standard obtained from Fireman’s Fund in order to perform maintenance on a state highway pursuant to a contract with DOT. In Count I of its complaint DOT alleges that Russell Standard has breached its contractual duty to indemnify and defend DOT in…