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CENTRAL DAUPHIN SCH. v. AMERICAN CAS. CO.

493 Pa. 254 (1981)

426 A.2d 94

CENTRAL DAUPHIN SCHOOL DISTRICT v. AMERICAN CASUALTY COMPANY, Appellant.

Supreme Court of Pennsylvania.

Decided February 4, 1981.

Reargument Denied March 13, 1981.

Attorney(s) appearing for the Case

Leo E. Gribbin, Jr., York, for appellant.

David E. Lehman and G. Thomas Miller, Harrisburg, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

In this action, appellee Central Dauphin School District seeks to recover $529,000 from its insurance carrier, Appellant American Casualty Company, the amount the district by decree of court has thus far been required to return to its taxpayers against whom the district imposed an unlawful tax.

Under the parties' insurance policy, effective from February of 1973 to February...

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