Lapcevich v. Erie Insurance Exchange

ACKER, P.J.,

— We have for consideration a motion for summary judgment of Erie Insurance Exchange as to an action in assumpsit and trespass filed by plaintiff, Paul J. Lapcevich III, against defendant Erie Insurance Exchange.

The fire giving rise to this arson defense occtirred on October 1, 1977. Plaintiff had induced an acquaintance, David Atwell, to burn plaintiff’s incompleted residence while he, Lapcevich, was at an automobile race near Harrisburg. By the plan Atwell was to come to where Lapcevich was staying, and in the presence of others, announce that a fire had destroyed Lapcevich’s…