Radella v. Bankers Mutual Fire Insurance

Opinion by

Dithrich, J.,

John Radella brought this action in assumpsit against Bankers Mutual Fire Insurance Company of Lancaster, Pennsylvania, hereinafter referred to as the Insurer, on a policy issued to Radella covering loss by collision or upset of a tractor and trailer. The Insurer filed an answer to the complaint in which it averred that the equipment was not covered by the policy and that the damage was not caused by collision or upset as defined by the policy. When the case came on for trial the Insurer admitted that the equipment was covered by the policy and defended solely on the…