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NATIONWIDE MUT. INS. CO. v. UNITED STATES FID. & G

December 8, 1981

NATIONWIDE MUTUAL INSURANCE COMPANY
v.
UNITED STATES FIDELITY AND GUARANTY COMPANY



The opinion of the court was delivered by: BRODERICK

MEMORANDUM

 There is no dispute as to the facts precipitating this litigation. Robert S. Treegoob was struck and severely injured by an automobile while crossing Stoneridge Road in Villanova, Pennsylvania on May 21, 1976. Robert was the minor son of Warren Treegoob and resided with him. At the time of the accident Nationwide had issued and in full force and effect an automobile liability policy covering the automobile which struck Robert Treegoob, which policy provided no-fault insurance coverage under the provisions of the No-Fault Act. USF&G had issued and in full force and effect at the time of the accident, a comprehensive general-automobile liability insurance policy covering two automobiles owned or leased by Valient Finance Company and/or Treegoob Appliances, Inc., which were available to Warren Treegoob for pleasure and business purposes.

 Endorsement # 4 of the USF&G policy identifies the "named insured" of that policy as follows:

 It is hereby agreed and understood that the Named Insured is:

 Harold and Warren Treegoob T/A Treegoob's;

 Treegoob's Appliances, Inc.;

 Warren Mark Corporation;

 Valient Finance Company, Inc.; and

 Valient Consumer Discount Company, A.T.I.M.A.

 (as their interests may appear)

 Beneath the designation of the named insured appears the following addendum:

 It is also agreed and understood that the five above mentioned entities are of common financial ownership and control.

 The USF&G policy contains a number of endorsements defining the type and scope of coverage provided by the policy. Endorsement # 10, entitled Basic Personal Injury Protection Endorsement, which was "rolled on" to the pre-existing ...


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