Liberty Mutual Insurance v. S. G. S. Co.

Concurring Opinion by

Spaulding, J.:

I concur in Judge Ceecone’s opinion affirming the order of the lower court and additionally note the similar reasoning expressed in our recent opinion in Friestad v. Travelers Indemnity Company, 222 Pa. Superior Ct. 559, 295 A. 2d 135 (1972). I feel compelled, however, to once again urge the Supreme Court to reconsider the holding on which these decisions are based.

“Our Supreme Court has steadfastly clung to the so-called ‘McWilliams Rule’,1 which holds that: ‘A declaratory judgment proceeding should not be entertained if there exists another established and…