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ERIE INS. EXCHANGE v. CLAYPOOLE

449 Pa.Super. 142 (1996)

673 A.2d 348

ERIE INSURANCE EXCHANGE, Appellant, v. Vernon R. CLAYPOOLE, Vernon R. Claypoole, Inc., Amanda Black, Heather Black, Leonard Black, Wilma Black, Leonard and Wilma Black as the Guardians of Amanda and Heather Black, Erin Davis, Gregory Davis, Gregory Davis as the Guardian of Erin Davis, Darcie Hulings, Stephanie Hulings, Dennis Hulings, Luene Hulings, Dennis and Luene Hulings as the Guardians of Darcie and Stephanie Hulings, Elizabeth Jones, Nancy R. Jones, Indiana Area School District, David Laird, Superintendent of the Indiana Area School District and Clark Lemuel Myers, Jr., Appellees. (Two Cases)

Superior Court of Pennsylvania.

Filed March 12, 1996.

Attorney(s) appearing for the Case

Richard W. Dibella, Pittsburgh, for appellant.

George P. Faines, Pittsburgh, for Myers, appellee.

Richard B. Tucker, III, Pittsburgh, for Claypoole, appellee.

Before: ROWLEY, President Judge, WIEAND, KELLY, POPOVICH, HUDOCK, FORD ELLIOTT, SAYLOR, HESTER, and OLSZEWSKI, JJ.

KELLY, Judge:

This appeal asks us to determine whether appellant, Erie Insurance Exchange ("Erie"), is legally obligated to defend and indemnify appellees, Vernon R. Claypoole ("Claypoole"), Vernon R. Claypoole, Incorporated ("Claypoole, Inc."), and Clark L. Myers ("Myers") in a civil action instituted against appellees by several minor children and their parents/guardians (the "plaintiffs"). In the civil action, the plaintiffs seek damages from appellees based upon...

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