Wescoat v. Northwest Savings Ass'n

CAVANAUGH, Judge:

The issue in this case is whether the statute dealing with comparative negligence, 42 Pa.C.S. § 7102, applies to a negligence action where the defendant allegedly failed to procure an insurance policy for the plaintiff and failed to notify the plaintiff that the insurance was not obtained. 1

The evidence established that in 1978 the plaintiffs below, and appellees herein, Williard J. Wescoat, Jr. and Susan G. Wescoat, applied to the defendant, Northwest Savings Association (Northwest), for a mortgage loan on a residential property that they were acquiring. In connection with…