Otto v. American Mutual Insurance

OPINION OF THE COURT

Joseph P. Otto and Stella P. Otto, plaintiffs below, have appealed from an order of the Superior Court, 241 Pa.Super. 423, 361 A.2d 815 (1976), affirming an order of the Court of Common Pleas of Philadelphia County. The court of common pleas had sustained a preliminary objection in the nature of a demurrer filed by American Mutual Insurance Company, the respondent herein, and had dismissed the complaint. The order did not grant petitioners leave to amend their complaint.

We agree with the Superior Court’s holding that petitioners’ complaint as drawn failed to state a cause…