Supp v. Erie Insurance Exchange

ROWLEY, Judge:

This is an appeal from a declaratory judgment entered after a court en banc dismissed the exceptions of the appellant, Liberty Mutual Insurance Company, to the findings and conclusions of the trial judge. We reverse.

Because a declaratory judgment action follows “as nearly as may be” the practice and procedure in an action in equity, Pa.R.C.P. No. 1601(a), we will review the determination of the trial court as we would a decree in equity. Our scope of review is narrow.

A chancellor’s findings of fact, when approved by the court en banc, have the force and effect of a jury verdict…