Valley Industrial Trucks, Inc. v. R. D. Werner Co.

ACKER, J.,

This matter returns to this court for decision on summary judgment pursuant to Pennsylvania Rules of Civil Procedure 1035 following the ñimishing of an insurance policy by the Insurance Company of North America for the named insured, Valley Industrial Trucks, Inc. It is now clear from a reading of the policy and the pleadings in this case that although plaintiff, Valley Industrial Trucks, Inc., had by lease contracted to insure the subject equipment against loss or damage by fire, it had failed to do so. It is found that plaintiff’s truck was damaged while under lease to defendant…