Erie Insurance Exchange v. Weryha

OPINION BY

TAMILIA, J.:

¶ 1 David A. Weryha and Rita S. Wer-yha appeal, both in their individual capacities and on behalf of their children, with Mrs. Weryha also acting in her capacity as an administratrix of decedent Timothy Weryha’s estate, from the trial court’s September 15, 2006, Order granting appel-lee Erie Insurance Exchange’s (Erie) motion for summary judgment in this declaratory judgment action.

¶ 2 The background of this case is not in controversy. On June 12, 2001, Timothy Weryha was killed while attempting to cross the road in front of his residence in Erie County after being…