KELMO ENTERPRISES v. COMMERCIAL UN. INS.


285 Pa.Super. 13 (1981)

426 A.2d 680

KELMO ENTERPRISES, INC., George Mohanco and Brian Kelly v. COMMERCIAL UNION INSURANCE COMPANY and William Kitzmiller, Administrator of the Estate of Lee Clark Kitzmiller, Deceased. Appeal of COMMERCIAL UNION INSURANCE COMPANY.

Superior Court of Pennsylvania.

Filed February 20, 1981.

Petition for Allowance of Appeal Granted May 6, 1981.


Attorney(s) appearing for the Case

B. Todd Maguire, Wilkes-Barre, for appellant.

Donald H. Brobst, Wilkes-Barre, for Kelmo etc., appellees.

Charles A. Shea, III, Wilkes-Barre, for Kitzmiller, appellee.

Before CERCONE, President Judge, and WATKINS and HOFFMAN, JJ.


HOFFMAN, Judge:

Appellant contends: (1) that it had no duty to defend appellees in an underlying tort action because the insurance policy issued by appellant denied coverage; and (2) that the lower court erred in awarding appellees attorneys' fees in this declaratory judgment proceeding. We disagree with both contentions and, accordingly, affirm the order of the lower court.

Appellees owned and operated the Mr. Bojangles Bar in Wilkes-Barre, Pennsylvania....

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