Legal Opinion

Everett Cash Mutual Insurance v. General Accident Insurance

Pennsylvania Court of Common Pleas, Cumberland County

Decided March 5, 1996No. 95-0075 Civil TermPublished

1Opinion of the Court

OLER, J.,

— This case presents the issue of whether an insurer on a builder’s risk policy is liable for contribution to an insurer on a homeowners policy, where the latter has paid a claim arising out of damage to the home during construction. For the reasons stated in this opinion, the court will hold that no such duty of contribution exists.

STATEMENT OF FACTS

The plaintiff is Everett Cash Mutual Insurance Company, a corporation authorized to write insurance policies in the Commonwealth of Pennsylvania, with its offices and principal place of business at R.D. 1, Everett, Bedford County,…

2Cases cited6 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Thompson Coal Co. v. Pike Coal Co.Supreme Court of Pennsylvania · 1979
  3. Schacter v. AlbertSuperior Court of Pennsylvania · 1968
  4. Mutual Benefit Insurance v. Goschenhoppen Mutual InsuranceSuperior Court of Pennsylvania · 1990
  5. Mission National Insurance v. Hartford Fire InsuranceDistrict Court, E.D. Pennsylvania · 1989

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