Appeal from judgment of Court of Common Pleas of Lancaster County, July T., 1964, No. 60, in case of Lancaster Area Refuse Authority v. Transamerica Insurance Company.
John I. Hartman, Jr., with him Windolph, Burkholder & Hartman, for appellant.
B. M. Zimmerman, with him Zimmerman, Zimmerman, Myers & Gibbel, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Hoffman, J. Montgomery and Spaulding, JJ., join in this dissenting opinion.
[ 214 Pa. Super. Page 81]
Dissenting Opinion by Hoffman, J.:
Judgment against Lancaster Area Refuse Authority in the amount of $7951.90 was entered in favor of two property owners whose wells were polluted due to the Authority's negligence. The judgment was affirmed by our court in Reinhart v. Lancaster Area Refuse Authority, 201 Pa. Superior Ct. 614, 193 A.2d 670 (1963). The Authority is now seeking indemnification in the amount of the judgment from its insurance carrier.
At trial, the parties stipulated that "at the time the losses occurred, for which verdicts (in favor of the two property owners) were rendered, (appellant) had in force an insurance policy with (appellee). . . . The insurance policy . . . provided in part . . . (that appellee would) pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages
[ 214 Pa. Super. Page 82]
because of injury to or destruction of property, including the loss of use thereof, caused by accident. . . . If the damages in the above cases were 'caused by accident', then judgment should be entered for (appellant). . . . If the damages . . . were not 'caused by ...