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DEPT. OF TRANSP. v. AMERICAN STATES

138 Pa.Commw. 11 (1990)

588 A.2d 1320

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Plaintiff, v. AMERICAN STATES INSURANCE COMPANY and Winters & Fleming, Inc., and Anna C. Hill et al., Defendants.

Commonwealth Court of Pennsylvania.

Decided January 19, 1990.

Publication Ordered April 2, 1991.

Attorney(s) appearing for the Case

Brian H. Baxter, Deputy Atty. Gen., with him, Mark E. Garber, Pittsburgh, for plaintiff.

Robert C. LeSuer, with him, William J. Kelley, Erie, for defendants.

Before CRAIG, McGINLEY and SMITH, JJ.

SMITH, Judge.

The Department of Transportation (DOT) has filed its amended complaint for declaratory judgment in this Court's original jurisdiction. DOT seeks a declaration that American States Insurance Company (American States) and Winters & Fleming, Inc. (Winters) are required to defend and indemnify DOT in tort actions filed against it resulting from an automobile accident occurring on Legislative Route...

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