Matcon Diamond, Inc. v. Penn National Insurance

OPINION BY

LALLY-GREEN, J.:

¶ 1 Appellant, Matcon Diamond, Inc., appeals from the order dated January 10, 2002, granting a declaratory judgment in favor of defendant/Appellee, Penn National Insurance Company, Inc. (Penn National). We affirm.

¶ 2 The trial court set forth the factual history of the case as follows:

[Kevin] Easterday was injured when he was overcome by carbon monoxide fumes while working in an enclosed area in the Kaufmann’s store at the Beaver Valley Mall. [Appellant] was a subcontractor performing the job of cutting concrete with a gasoline powered saw from which carbon monoxide…