Legal Opinion

Lehigh Electric & Engineering Co. v. Selected Risks Insurance

Pennsylvania Court of Common Pleas, Luzerne County

Decided December 9, 1982No. 877-C of 1982PublishedCited by 2 opinions

1Opinion of the Court

TOOLE, J.,

We are asked in this declaratory judgment action to construe a comprehensive general liability policy and determine whether the insured may recover expenses incurred in preventing or mitigating property damage to others.

Lehigh Electric and Engineering Co., Inc. (Le-high) and Joseph J. Menn, Sr. (Menn) initiated this *121action by complaint1 to which Selected Risks Insurance Company (Insurer) filed preliminary objections2 in the nature of a demurrer and a motion to strike assigning the following reasons therefor:

“1. Plaintiffs’ complaint fails to state a cause of action against defendant…

2Cases cited5 opinions

  1. Hionis v. Northern Mutual InsuranceSuperior Court of Pennsylvania · 1974
  2. Cohen v. Erie Indemnity Co.Superior Court of Pennsylvania · 1981
  3. Leebov v. United States Fidelity & Guaranty Co.Supreme Court of Pennsylvania · 1960
  4. Commonwealth v. MarcocelliSuperior Court of Pennsylvania · 1979
  5. O'Malley v. Continental InsuranceSuperior Court of Pennsylvania · 1982

3Cited by2 opinions

  1. Broadwell Realty Services, Inc. v. Fidelity & Cas. Co. of NYNew Jersey Superior Court Appellate Division · 1987
  2. Greenwood Racing Inc. v. American Guarantee and Liability Insurance CompanyDistrict Court, E.D. Pennsylvania · 2021

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