Bruce v. Pennsylvania National Insurance Companies

Since I believe that a genuine issue of material fact exists in this ease, I am compelled to dissent. Specifically, I find that appellant, Andrea Brack, has succeeded in establishing a prima facie claim for fraudulent misrepresentation. Accordingly, I would remand this case for trial.

In advancing her claim of fraudulent misrepresentation, appellant places significant reliance on the statements she made in her application to appellee, Pennsylvania National Insurance Companies (PNI), through its agent, the Pennsylvania Assigned Risk Plan. In this application, appellant provided notice to PNI…