No. 1229 Philadelphia 1980, Appeal from the Order of the Court of Common Pleas, County of Philadelphia, Trial Division, Law, December Term 1971, No. 2669.
Joseph J. Hankins, Philadelphia, for appellant.
Eugene Spector, Philadelphia, for Bullock, appellees.
Lawrence R. Pierce, Philadelphia, for Pariser, appellee.
Michael A. Etkin, Philadelphia, for Zurbin, et al., appellees.
Angelo L. Scaricamazza, Jr., Philadelphia, for U.S., appellee.
Joel P. Fishbein, Philadelphia, for Fireman's, appellee.
Price,*fn* Wieand and Hoffman, JJ.
[ 311 Pa. Super. Page 489]
On May 7, 1971, appellee, Grace Bullock, was bitten by a dog kept for security purposes on the premises at 646 South Sixteenth Street, Philadelphia, Pennsylvania. These premises were owned by appellees, Marilyn Pariser and Mildred Zurbin, who conducted a partnership at that address, known as "Kiddie Castle."
At the time of the accident, the partnership was open and conducting business, and had in effect a liability insurance policy, issued by Penn State Mutual Insurance Company ("Penn Mutual"). This policy covered the partnership for liability arising out of the operation of the business to the extent of $10,000 per injury.
The partnership gave prompt and proper notice of the incident to Penn Mutual. Suit was instituted by Mrs. Bullock and her husband, Clifford Bullock, in December of 1971, against Mrs. Pariser and Mrs. Zurbin. After suit was instituted, Penn Mutual became defunct and the defense of the partnership was undertaken by counsel on behalf of appellant, the Pennsylvania Insurance Guaranty Association ("PIGA").
When PIGA became involved in the suit, it investigated the possibility of the existence of other carriers which might have provided coverage for Mrs. Pariser's or Mrs. Zurbin's liability arising out of the dog-bite incident. Each woman apparently had a homeowner's policy at the time, covering her own residence, Mrs. Pariser with appellee, Fireman's Fund Insurance Company ...