Pennsylvania National Mutual Casualty Insurance v. Parker

Cureton, Judge:

The Respondent, Pennsylvania National Mutual Casualty Insurance Company, instituted this declaratory judgment action to determine its potential liability to the appellant, James Montgomery, on an automobile insurance policy issued to Julius Montgomery, its insured. Based on a “business use” limitation in the policy, the trial court concluded that the policy afforded no coverage and granted Penn National’s motion for summary judgment. We reverse.

The facts upon which this controversy is based center upon an automobile accident which occurred in July, 1980. James Montgomery was…