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SEABOARD INDUSTRIES, INC. v. MONACO

258 Pa.Super. 170 (1978)

392 A.2d 738

SEABOARD INDUSTRIES, INC., Appellant v. Albert B. MONACO, Defendant and Continental Casualty Co. and Insurance Company of North America, Appellees.

Superior Court of Pennsylvania.

Decided October 20, 1978.

Attorney(s) appearing for the Case

Bernard J. Smolens, Philadelphia, with him Dennis R. Suplee, Philadelphia, for appellant.

No appearance entered nor brief submitted for appellee, Monaco.

Dudley Hughes, Philadelphia, for appellee, Continental Cas. Co.

Richard W. Hopkins, Philadelphia, for appellee, Ins. Co. of North America.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

HOFFMAN, Judge:

Appellant contends that the lower court erred in dissolving appellant's writs of execution against appellee insurers because appellees breached their duty to defend the insured.1 We disagree and, therefore, affirm the lower court.

This appeal arises from a garnishment proceeding in which appellant, Seaboard Industries, Inc. ("Seaboard"), a judgment creditor of Albert B. Monaco, caused writs of execution in attachment...

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