Eberhart v. Nationwide Mutual Insurance

Opinion by

Jacobs, J.,

This is an appeal from the order of the court below granting the defendant-appellee’s motion for judgment on the pleadings. When ruling on a defendant’s motion for judgment on the pleadings, the complaint, the answer containing new matter, and the reply to new matter shall be considered.1 Herman v. Stern, 419 Pa. 272, 276 n. 1, 213 A.2d 594, 596 n. 1 (1965). Further, as this Court stated in Kroiz v. Blumenfeld, 229 Pa. Superior Ct. 194, 197, 323 A.2d 339, 340 (1974):

“The standards for determining whether a judgment on the pleadings should be allowed are clear. .. . All of…