Usner v. Harleysville Insurance

ECKMAN, P.J.,

Before the court are the respective motions for summary judgment initially filed by defendant, Harleysville Insurance Company, and later by plaintiff, Harold R. Usner.

Plaintiff commenced this action for breach of contract on November 11, 1985, by filing a complaint alleging that defendant refused to provide coverage to plaintiff under the theft and/or comprehensive provisions of his automobile insurance contract. Defendant filed an answer and new matter alleging that plaintiff’s claim was not within the scope of the policy’s coverage and that plaintiff failed to comply with…