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ALLSTATE INSURANCE COMPANY v. SEWARD. (06/28/62)

June 28, 1962

ALLSTATE INSURANCE COMPANY, APPELLANT,
v.
SEWARD.



Appeal, No. 52, May T., 1962, from order of Court of Common Pleas of Dauphin County, June T., 1961, No. 1025, in case of Allstate Insurance Company v. Charles R. Seward, Minnie Papandrea, Russell J. Owens et al. Order affirmed.

COUNSEL

James W. Evans, with him Goldberg, Evans & Katzman, for appellant.

Macey E. Klein, with him Solomon Hurwitz, and Hurwitz, Klein, Meyers & Benjamin, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Bell

[ 407 Pa. Page 629]

OPINION BY MR. CHIEF JUSTICE BELL

Plaintiff has appealed from an order dismissing its petition for a declaratory judgment.

On October 13, 1960, plaintiff issued an automobile liability insurance policy to Miriam B. Kearns, one of the respondents, on a 1957 Studebaker Sedan. The policy provided, inter alia,

"Section I - Liability Protection

"Part 1. ... The following persons are insured under this Part ... 3. Any other person with respect to the owned automobile, provided the actual use thereof is with the permission of the named insured.*fn1 ... Definitions of words used under this Part ... (a) 'insured' means any person or organization listed as insured in this Part. ... This Part 1 does not apply to: ... 6. bodily injury or property damage caused intentionally by, or at the direction of, the insured ...."

On January 1, 1961, at about 5:25 P.M., the 1957 Studebaker Sedan, owned by Miriam B. Kearns, was being operated by Wallace W. Kearns, who is another respondent and who is the former husband of Miriam, in a westerly direction on Walnut Street, Harrisburg, Pennsylvania. Miriam B. Kearns was a passenger*fn2 in the car. Wallace Kearns, while driving about four city blocks, collided with four other automobiles, driving one of them into a fifth automobile and driving two of them into the property located on the northwest corner of Walnut Street and Progress Avenue, owned by L. Frank Fake. Fake has also been made a respondent. In all, 20 persons suffered personal injuries or property damage. Some of them have already started

[ 407 Pa. Page 630]

    suits against the Kearns, and others have notified plaintiff that they expect to sue and ...


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