Legal Opinion
Kelmo Enterprises, Inc. v. Commercial Union Insurance
Superior Court of Pennsylvania
Decided May 6, 1981No. 2324PublishedCited by 68 opinions
1Opinion of the Court
HOFFMAN, Judge:
Appellant contends: (1) that it had no duty to defend appellees in an underlying tort action because the insurance policy issued by appellant denied coverage; and (2) that the lower court erred in awarding appellees attorneys’ fees in this declaratory judgment proceeding. We disagree with both contentions and, accordingly, affirm the order of the lower court.
Appellees owned and operated the Mr. Bojangles Bar in Wilkes-Barre, Pennsylvania. On June 3, 1974, the bartender, Robert Donnelly, and/or his brother, Richard, hosted a private party at the bar. The party was conducted…
2Cases cited30 opinions
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Gedeon v. State Farm Mutual Automobile InsuranceSupreme Court of Pennsylvania · 1963
- Cadwallader v. New Amsterdam Casualty Co.Supreme Court of Pennsylvania · 1959
- Glidden v. Farmers Automobile InsuranceIllinois Supreme Court · 1974
- Motorists Mutual Insurance v. TrainorOhio Supreme Court · 1973
25 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Standard Venetian Blind Co. v. American Empire InsuranceSupreme Court of Pennsylvania · 1983
- Kremers-Urban Co. v. American Employers Insurance Co.Wisconsin Supreme Court · 1984
- Pacific Indemnity Co. v. LinnCourt of Appeals for the Third Circuit · 1985
- The Trustees of the University of Pennsylvania v. Lexington Insurance Company v. Affiliated Risk Control Administrators of Pennsylvania, Inc. And Insurance Company of North America, Aetna Insurance Company, Cigna Companies and Johnson & Higgins of Pennsylvania, Inc. And Alexander & Alexander, Inc. And Duane Morris & Heckscher, a Pennsylvania Partnership and McCabe James J. Esquire Individually and Medical Professional Liability Catastrophe Loss FundCourt of Appeals for the Third Circuit · 1987
- Preferred Mutual Insurance v. GamacheMassachusetts Supreme Judicial Court · 1997
63 more not listed; retrieve them via the Exa API.