No. 618 Philadelphia, 1981, Appeal from Order of the Court of the Court of Common Pleas, Civil Division, of Berks County at No. 311 January Term, 1980.
Jay N. Abramowitch, Reading, for appellant.
Clifford N. LePage, Jr., Reading, for Rigidply Rafters, Inc., appellee.
Harry Reed, Jr., Lebanon, for Aetna Cas. and Sur. Co., appellee.
Cavanaugh, DiSalle and Watkins, JJ. DiSalle, J., did not participate in the consideration or decision in this case.
[ 311 Pa. Super. Page 550]
This is an appeal from a February, 1981 order granting the summary judgment motion of appellee -- Rigidply Rafters, Inc., against appellant -- The Brotherly Aid Liability Plan, Lancaster Mennonite Conference on the question of coverage by Brotherly Aid under a no-fault motor vehicle insurance policy issued by Brotherly Aid covering Rigidply's truck tractor and semi-trailer with crane. The question of coverage arose pursuant to an accident claim made by an injured third party against Rigidply. The injured third party filed a complaint averring that Rigidply's employee -- truck driver was negligently maneuvering a crane attachment mounted on Rigidply's truck tractor while unloading
[ 311 Pa. Super. Page 551]
wooden roof trusses from the truck and such negligent action caused the crane to strike the injured party.
At the time of this incident, Rigidply was insured under two insurance policies. One was issued by appellee -- Aetna Casualty and Surety Company. This policy was a comprehensive general liability policy containing an automobile exclusion clause. The second policy, issued by Brotherly Aid, was a no-fault policy. After the accident, Rigidply approached both insurers seeking assistance in defending the claim. Both insurance carriers denied liability for coverage of the accident.
Rigidply then filed a complaint in the Court of Common Pleas of Berks County for declaratory judgment against Aetna and Brotherly Aid to determine the applicable coverage. Both Aetna and Brotherly Aid filed Answers and New Matter which set forth their respective bases for denying liability. The parties then proceeded to take depositions of all witnesses regarding the issue of coverage. Motions for summary judgment were then presented to the lower court, with each party requesting summary judgment in its favor and against the two remaining parties.
The lower court issued an opinion and order granting the motions of Rigidply and Aetna against Brotherly Aid and denying Rigidply's and Brotherly Aid's motions against Aetna.
Brotherly Aid filed an appeal from the aforementioned order. Aetna then filed a motion to quash the appeal claiming that the order was interlocutory insofar as the lower court denied summary judgment against Aetna. The Superior Court issued a per curiam order granting Aetna's motion to quash as to Brotherly Aid's appeal from a denial of summary judgment against Aetna, but denying the motion to quash the appeal from that portion of the order granting summary judgment against ...