Philadelphia Manufacturers Mutual Fire Insurance v. Rose

Opinion by

Mr. Chief Justice Drew,

Philadelphia Manufacturers Mutual Fire Insurance Company, plaintiff, insured certain real estate owned by Max Rose, defendant. A fire occurred in 1946 and thereafter plaintiff filed a petition for a declaratory judgment to determine whether its policy covered the building damaged by the fire. The learned trial judge held that it did not. Upon exceptions being filed, the court en banc dismissed the proceedings as not being a proper .case for. a declaratory judgment. An appeal was then taken to this Court. We reversed and remanded it to the court below for…