Hanover Insurance Co. v. State Workers' Insurance Fund

DISSENTING OPINION BY

Judge PELLEGRINI.

Because the majority opinion is in conflict with Section 1724 of the Procurement Code and inconsistent with our Supreme Court’s decision in Fletcher v. Pennsylvania Property and Casualty Insurance Guaranty Association, 603, Pa. 452, 985 A.2d 678 (2009), I respectfully dissent.

Petitioners filed an action seeking a declaration to determine coverage under a policy that they have with the State Workers’ Insurance Fund (SWIF) for workers’ compensation as well as for defense costs and indemnity paid. The issue in this case is whether the Board of Claims has…