SHIPP v. PHOENIX INS. CO.

No. 1996 EDA 2011.

51 A.3d 219 (2012)

2012 PA Super 167

Glenn B. SHIPP and Denise A. Shipp, Administrators of the Estate of Michael R. Shipp v. The PHOENIX INSURANCE COMPANY d/b/a The Travelers, Appellant.

Superior Court of Pennsylvania.

Filed August 14, 2012.


Attorney(s) appearing for the Case

Brooks R. Foland , Harrisburg, for appellant.

Diane M. Sodano , Perkasie, for appellees.

BEFORE: FORD ELLIOTT, P.J.E., BENDER and COLVILLE, JJ.


OPINION BY FORD ELLIOTT, P.J.E.:

Appellant, The Phoenix Insurance Company ("Phoenix"), brings this appeal from the entry of an order granting summary judgment in a declaratory judgment action filed by appellee, the administrators of the Estate of Shipp ("the Shipps"). Finding that summary judgment was improperly entered, we reverse.

The trial court accurately stated the underlying facts of this case:

Plaintiff Glenn B. Shipp applied for personal automobile...

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