Devich v. Commercial Union Insurance

OPINION

ZIEGLER, Chief Judge.

Pending before the court are the cross-motions for summary judgment filed by plaintiffs, Mike and Margaret Devich, and defendant, Commercial Union Insurance Company (“Commercial Union”), in this civil action alleging breach of contract and bad faith. The central issue that we are called upon to resolve is whether, under Pennsylvania law, a negligence claim of “failure to warn” falls outside the coverage of the general liability insurance policy issued by Commercial Union to Maverick Mobile Equipment, Inc. (“Maverick”) where the terms of the insurance policy include…