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FIRE INS. EXCHANGE v. LAKE

543 Pa. 363 (1996)

671 A.2d 681

ERIE INSURANCE EXCHANGE, Appellant, v. Bryan LAKE, Kevin Stover, Lorraine Stover, William P. Sherman, Executor of the Estate of William W. Sherman, and Ellen D. Sherman, William P. Sherman and Mary J. Sherman, Administrator and Administratrix, Respectively, of the Estates of Jarod S. Sherman and Justin L. Sherman, William P. Sherman, and Mary J. Sherman, Individually, and Joshua Ellis, Appellees.

Supreme Court of Pennsylvania.

Decided February 23, 1996.

Attorney(s) appearing for the Case

John F. Mizner, Erie, Erie Insurance, for appellant.

Joseph E. Buckley, Jr., Brookville, for appellees.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION

CAPPY, Justice:

This appeal presents the question of whether Act 781 permits the recision of a policy of automobile insurance on the basis of fraud, where the fraud could not have reasonably been discovered, within the 60 day period after the policy was issued. For the reasons that follow we conclude, with the limited exceptions as set forth herein, that the insurer does...

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