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ICE CITY, INC. et al. v. INS. CO. of N. AMERICA

456 Pa. 210 (1974)

Ice City, Inc. et al., Appellants, v. Insurance Company of North America.

Supreme Court of Pennsylvania.

January 24, 1974.

Attorney(s) appearing for the Case

Harold Caplan, with him C. Tracy Taylor, and Stamberg, Caplan, Caplan & Behrle, for appellants.

Richard W. Hopkins, with him White and Williams, for appellee.

Andrew F. Giffin and Barton Isenberg, Assistant Attorneys General, for Pennsylvania Insurance Department, amicus curiae.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE ROBERTS, January 24, 1974:

On November 13, 1971, the business premises of appellants, Ice City, Inc., and Ice City Christmas, Inc., were damaged by fire. Fire insurance coverage was provided by appellee, the Insurance Company of North America (INA). The parties, while able to agree on the amount of losses to real and personal property, were unable after protracted negotiations, to agree on the amount of lost income. Appellee admits liability...

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