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JOSEPHINE H. KOZLOWSKI v. PENN MUTUAL INSURANCE COMPANY (02/05/82)

filed: February 5, 1982.

JOSEPHINE H. KOZLOWSKI, APPELLANT,
v.
PENN MUTUAL INSURANCE COMPANY



No. 1735 October Term, 1979, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Civil Division, at No. 756 February Term, 1979

COUNSEL

David L. Marshall, Norristown, for appellant.

Joy E. Pollock, Philadelphia, for appellee.

Brosky, Watkins and Montgomery, JJ.

Author: Brosky

[ 295 Pa. Super. Page 142]

Appellant, Josephine Kozlowski, filed an action for declaratory judgment requesting a judicial interpretation of her

[ 295 Pa. Super. Page 143]

    homeowner's insurance policy. The case was submitted to the court below upon an agreed statement of facts. The court below entered an opinion and order holding that the insurance policy did not cover the loss sustained by appellant. It is from this ruling that appellant has taken this appeal. We affirm.

The facts are as follows. In May, 1978, appellant purchased a homeowner's insurance policy from Penn Mutual, with coverage to begin May 25, 1978.*fn1 At that time, appellant lived at 3337 Coral Street in a row house. On August 3, 1978, the curb valve at the water main to the service line leading to 3335 Coral Street burst, releasing water which seeped into and flooded appellant's basement. Thereafter, appellant filed a claim for her property loss with appellee and was notified that the claim was disallowed because it was not a loss covered by appellant's policy. The policy provides as follows:

This policy insures under: COVERAGE A -- DWELLING and COVERAGE B -- APPURTENANT STRUCTURES against all risks of physical loss to the property covered . . . except as otherwise excluded or limited. COVERAGE C -- UNSCHEDULED PERSONAL PROPERTY against direct loss to the property covered by the following perils as defined and limited, except as otherwise excluded.

15. Accidental discharge, leakage or overflow of water or steam from within a plumbing, heating or air conditioning system or from within a domestic appliance but excluding loss to the appliance from which the water or steam

[ 295 Pa. Super. Page 144]

    escapes. This peril does not include loss caused by or ...


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