Prudential Insurance v. Nissley

JOHNSTONE, P. J.,

A preliminary objection in the nature of a demurrer has been filed by defendant to plaintiff’s complaint. The facts before us are confined to plaintiff’s complaint since the demurrer admits every well-pleaded material fact as well as the inferences reasonably deducible therefrom: Allstate Insurance Company v. Fioravanti, 451 Pa. 108, 111. The preliminary objection will not be sustained and the complaint dismissed unless the case is clear and free from doubt that the law will not permit a recovery: Legman v. Scranton School District, 432 Pa. 342.

The facts in this case are…