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SWARTZ v. UNION MUT. INS. CO.

547 Pa. 632 (1997)

692 A.2d 1058

Robert SWARTZ v. UNION MUTUAL INSURANCE COMPANY OF WESTMORELAND COUNTY, Louis Trout and Sarah Trout Appeal of UNION MUTUAL INSURANCE COMPANY OF WESTMORELAND COUNTY.

Supreme Court of Pennsylvania.

Decided April 21, 1997.

Attorney(s) appearing for the Case

Ronald J. Bergman, Greensburg, for Union Mutual Insurance Company of Westmoreland County.

William J. Begley, Pittsburgh, for Robert Swartz.

Robert M. Stefanon, for Louis & Sarah Trout.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

Louis and Sarah Trout owned a forty acre farm on which they kept a 1965 model pickup truck. The truck was not registered and it had not been used on the highway since 1976. On July 28, 1993, Robert Swartz, a visitor at the Trout farm, was injured when the truck lunged forward while Louis Trout, who was working on the truck, attempted to start it.

The Trouts were insured by Union Mutual under a homeowners...

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