Melcher v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance

Forrest, J.,

In this action on a policy of workmen’s compensation insurance, plaintiffs have moved for judgment on the complaint and answer. On such a motion the allegations of defendant’s answer are to be taken- as true. Further, summary judgment should be entered only in clear cases: Wark & Company v. Twelfth & Sansom Corporation, 378 Pa. 578 (1954); Toff v. Vlahakis, 380 Pa. 512 (1955). A part of the facts disclosed by the pleadings viewed in this light is *405stated in the excerpt from Employers Mutual Liability Insurance Co. v. Melcher, 378 Pa. 598, 599-600 (1954) quoted in the opinion handed…