Fizz v. Kurtz, Dowd & Nuss, Inc.

TAMILIA, Judge:

This is an appeal from an Order sustaining defendant/appellees’ preliminary objections in the nature of a demurrer to appellant’s complaint.

Appellant brought this action against appellees after his decedent/wife was struck and killed by an automobile operated by B. Bollinger, who later pled guilty to numerous criminal offenses, including driving while intoxicated. Bollinger admitted that immediately prior to the accident he had been drinking at an establishment which was covered by an insurance policy that had been issued by appellees acting as agents of the Fireman’s Fund…