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GREAT AMERICAN INSURANCE COMPANY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. (11/12/63)

November 12, 1963

GREAT AMERICAN INSURANCE COMPANY, APPELLANT,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.



Appeal, No. 53, March T., 1963, from judgment of Court of Common Pleas of Allegheny County, Oct. T., 1961, No. 1608, in case of Great American Insurance Company v. The State Farm Mutual Automobile Insurance Company, Robert D. Stauffer, Sr., Mary Ann I. Stauffer, et al. Judgment affirmed.

COUNSEL

Donald W. Bebenek, with him Meyer, Darragh, Buckler, Bebenek & Eck, for appellant.

Thomas F. Weis, with him Weis & Weis, for insurance company, appellee.

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

Author: O'brien

[ 412 Pa. Page 539]

OPINION BY MR. JUSTICE O'BRIEN

Appellant, Great American Insurance Company, filed a petition for declaratory judgment. Appellee, The State Farm Mutual Automobile Insurance Company, filed an answer. The parties then submitted the case to the court below upon an agreement of facts stipulated as follows:

"(1) That on September 19, 1959, Robert D. Stauffer, Sr., Mary Ann I. Stauffer, Robert D. Stauffer, Jr., resided at 3109 Crab Hollow Road, Pittsburgh 35, Pennsylvania.

(2) That on September 19, 1959, Paul R. Dick resided with his parents at 120 Curtis Street, Pittsburgh 35, Pennsylvania.

(3) That on or about September 19, 1959, Robert D. Stauffer, Jr., was fifteen years of age and Paul R. Dick was sixteen years of age.

(4) That on September 19, 1959, Robert D. Stauffer, Sr., owned a 1954 Plymouth two door sedan which was insured by the State Farm Mutual Automobile Insurance Company. ...

(5) On September 19, 1959, Harold B. Dick, the father of Paul R. Dick, was the ...


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