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ESTATE BLANCHE B. LEVY v. CNA INSURANCE COMPANY (01/18/85)

filed: January 18, 1985.

THE ESTATE OF BLANCHE B. LEVY, BY GEORGE BEEKE LEVY, EXECUTOR, AND GEORGE BEEKE LEVY, INDIVIDUALLY, AND FABIO DEL-CASTELETTO, APPELLANTS,
v.
CNA INSURANCE COMPANY, A CORPORATION, T/D/B/A VALLEY FORGE INSURANCE COMPANY, A CORPORATION, AND GAB BUSINESS SERVICES, INC., A CORPORATION



No. 01463 PITTSBURGH, 1982, Appeal from an Order November 23, 1982, in the Court of Common Pleas, Civil Division, of Allegheny County, No. GD81-16762

COUNSEL

Max A. Levine, Pittsburgh, for appellants.

Richard W. DiBella, Pittsburgh, for appellees.

Brosky, Watkins and Hester, JJ.

Author: Hester

[ 338 Pa. Super. Page 194]

On December 30, 1981, appellants filed a Complaint in Assumpsit/Trespass against appellees in the Court of Common Pleas of Allegheny County, Pennsylvania. Appellants are George B. Levy, proceeding individually and as executor of the Estate of Blanche B. Levy, deceased, and Fabio Del Casteletto. Appellees are CNA Insurance Company and GAB Business Services, Inc.

According to appellants, CNA issued a homeowner's insurance policy to Blanche B. Levy for real estate situate at 6411 Bartlett Street, Pittsburgh, Pennsylvania. GAB was CNA's authorized agent. On December 18, 1980, the residence and its contents were severely damaged by fire. Ms. Levy died in the fire. CNA paid approximately $250,000.00 prior to this action in building and content loss.

This action concerns the following claims: 1) the Estate of Blanche B. Levy for damage to jewelry and furs valued at $35,800.00 and for theft of jewelry and furs valued at $1,000.00; 2) George B. Levy and Fabio Del Castelletto, who claim to have been residents of the dwelling, for loss of use of the premises; and 3) all three claimants for punitive damages.

Appellants granted appellees an extension to February 19, 1982 to file an answer. On that extended date, appellees filed preliminary objections in lieu of an answer. These preliminary objections were granted in part thereby compelling appellants to file an amended complaint on April 5, 1982.

Once again, appellees acquired appellants' consent to extend the time to respond. The extended date was May 7, 1982, the date on which appellees filed a second set of preliminary objections. These preliminary objections were

[ 338 Pa. Super. Page 195]

    denied by order of court dated June 1, 1982, and appellees were given 20 days to file an answer.

On June 23, 1982, after the 20-day response period had elapsed, appellees filed a request for production of documents and notice of service of interrogatories. No answer was filed. On that same date, appellants filed a praecipe for entry of judgment by default in the amount of $76,986.00. Judgment was entered in that ...


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