Penn Piping, Inc. v. Insurance Co. of North America

OPINION OF THE COURT

FLAHERTY, Justice.

Penn Piping, Inc. (PPI) filed an action against Insurance Company of North America (INA) alleging that INA defaulted on its promise to issue payment on performance bonds to parties who had contracted for PPI’s services. An amended complaint was filed in 1981 and no other action of record was taken in the case until INA filed a motion to dismiss in 1987. The issue presented in this case is whether Superior Court erred in reversing the trial court’s entry of judgment non pros against PPI on the grounds that INA *352had made no showing of prejudice caused by the…