Appeal, No. 67, Jan. T., 1961, from judgment of Court of Common Pleas of Delaware County, Sept. T., 1959, No. 1102, in case of Elizabeth M. Carr v. The Home Indemnity Company, New York. Judgment affirmed.
George R. Johnson, for appellant.
Lynn L. Detweiler, with him Swartz, Campbell & Henry, for appellee.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.
OPINION BY MR. JUSTICE BENJAMIN R. JONES.
This appeal involves the construction and interpretation of certain provisions of an automobile liability insurance policy.
On September 17, 1958 The Home Indemnity Company, New York (insurance carrier) issued its policy of automobile liability insurance to Elizabeth M. Carr (Miss Carr) insuring her for a one year period against
bodily injury and property damage liability losses. On March 27, 1959, within the period of the policy, Miss Carr, while operating a 1958 Pontiac sedan owned by her brother, who resided at the same address as Miss Carr, was involved in an accident at Berwyn, Chester County, Pa. As a result of that accident, a civil action has been instituted against Miss Carr in the United States District Court in Philadelphia and another civil action has been threatened. Miss Carr requested the insurance carrier to defend her against the claims represented in both actions but the insurance carrier refused to do so upon the ground that at the time of accident there was no coverage under the terms of the policy.
Miss Carr instituted a declaratory judgment action against the insurance carrier in the Court of Common Pleas of Delaware County requesting the court to enter a decree that the insurance policy was in full force and effect and that it extended her full coverage at the time of the collision, that the insurance carrier's disclaimer be held to be of no force and effect and that the insurance carrier be ordered to defend the civil actions arising out of the accident of March 27, 1959.
The insurance carrier filed a preliminary objection alleging that the declaratory judgment petition failed to set forth grounds upon which the relief prayed for could be granted. After argument, the court en banc of Delaware County sustained the insurance carrier's preliminary objection with leave granted Miss Carr to file an amended petition within twenty days. Miss Carr elected to stand on her ...