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PIPER AIRCRAFT CORPORATION v. INSURANCE COMPANY NORTH AMERICA AND COMMONWEALTH PENNSYLVANIA (12/29/82)

decided: December 29, 1982.

PIPER AIRCRAFT CORPORATION, PLAINTIFF
v.
INSURANCE COMPANY OF NORTH AMERICA AND COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, DEFENDANTS



Original jurisdiction in the case of Piper Aircraft Corporation v. Insurance Company of North America and Pennsylvania Department of Transportation.

COUNSEL

F. Hastings Griffin, Jr., with him Alfred A. Gollatz and Richard A. Deak, Dechert, Price & Rhoads, for plaintiff.

J. Grant McCabe, III, with him Thomas P. Wagner, Rawle & Henderson, for Defendant, Insurance Company of North America.

George D. Wenick, Assistant Attorney General, for respondent, Department of Transportation.

President Judge Crumlish, Jr. and Judges Rogers and MacPhail, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 70 Pa. Commw. Page 590]

Before us in this declaratory judgment action are the parties' cross motions for summary judgment. The single issue presented is whether, by the issuance of a policy of aviation insurance to DOT in 1976 and the execution in 1977 of an endorsement to that policy naming Piper Aircraft Corporation (Piper) as an additional insured, the Insurance Company of North

[ 70 Pa. Commw. Page 591]

America (INA) contracted to conduct Piper's defense in nine wrongful death actions now pending and arising out of the crash on February 24, 1977 of a Piper Cheyenne aircraft then leased by Piper to DOT and made the subject of the policy endorsement. The parties each allege that no material facts are in dispute and each agrees that the issue posed may be resolved with reference alone to the language of the contract of insurance.

The endorsement, effective as of February 1, 1977, and designated Number 12 is, in its entirety, as follows:

It is understood and agreed that such insurance as is provided by this policy with respect to Coverage C, G, and I is extended to Piper Aircraft Corporation as an additional insured, but only as respects their interest as owner/lessor of Piper Cheyenne N-631 Pt.

It is further agreed that endorsement No. 7 shall apply with respect to Piper Cheyenne N-631 Pt.

Coverage G, referred to in the endorsement, commits INA, with certain exceptions, exclusions, and conditions not ...


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