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SHELBY MUTUAL INSURANCE COMPANY v. MARK W. KISTLER AND AS INTERESTED PARTIES MAYME REICHARD (11/15/85)

filed: November 15, 1985.

THE SHELBY MUTUAL INSURANCE COMPANY, APPELLANT,
v.
MARK W. KISTLER AND AS INTERESTED PARTIES: MAYME REICHARD, EXECUTRIX OF THE ESTATE OF HOWARD E. REICHARD; LEON W. MAZURIE AND CLARK M. BENFIELD, INDIVIDUALLY AND T/A BENFIELD INSURANCE AGENCY, APPELLEES



Appeal from the Order entered November 26, 1984 in the Court of Common Pleas of Lehigh County, Civil No. 82-C-3970.

COUNSEL

Mark H. Scoblionko, Allentown, for appellant.

W. Hamlin Neely, Allentown, for Kistler, appellees.

Spaeth, President Judge, and McEwen and Beck, JJ. Beck, J., files a concurring statement.

Author: Mcewen

[ 347 Pa. Super. Page 223]

Appellant instituted a declaratory judgment action to determine whether it was obligated to provide insurance coverage or to afford a defense to appellee in litigation arising from a motor vehicle accident in which a vehicle driven by appellee allegedly struck and killed a pedestrian. The Chancellor, in this case of first impression, determined that the contract between appellant and appellee provided for automatic coverage during the relevant notice period. We affirm.

The pertinent facts are not disputed and reveal that appellee purchased a 1969 Lincoln Continental automobile on October 9, 1981, at which time he also owned a 1973 Ford pick-up truck which was the subject of a motor vehicle insurance policy written by appellant. Seven days thereafter, on October 16, 1981, appellee was operating the newly purchased 1969 Lincoln Continental when his vehicle struck and killed a pedestrian. On November 14, 1981,

[ 347 Pa. Super. Page 224]

    appellee provided for an agent of appellant to add liability coverage for the 1969 Lincoln Continental to the policy issued by appellant upon the 1973 Ford pick-up truck.

The pertinent policy provision states:

'Your covered auto' means:

1. Any vehicle shown in the Declarations.

2. Any of the following types of vehicles on the date you ...


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