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DELAWARE VALLEY UNDERWRITING AGENCY v. WILLIAMS & SAPP (12/11/86)

filed: December 11, 1986.

DELAWARE VALLEY UNDERWRITING AGENCY, INC.
v.
WILLIAMS & SAPP, INC., AND WALTER SAPP INSURANCE AGENCY, INC., SUCCESSOR, AND DONALD G. POWELL AND NANCY POWELL, HIS WIFE. APPEAL OF WILLIAMS & SAPP, INC. AND WALTER SAPP INSURANCE AGENCY, INC., SUCCESSOR



Appeal from the Order of the Court of Common Pleas, Civil Division, of Allegheny County at No. AD-85-8642.

COUNSEL

Georgia A. Broz, Pittsburgh, for appellants.

David K. Rudov, Pittsburgh, for Delaware Valley, appellee.

James H. Joseph, Pittsburgh, for Powell, appellee.

Brosky, Rowley and Popovich, JJ.

Author: Popovich

[ 359 Pa. Super. Page 370]

This is an appeal from an order of the trial court which sustained preliminary objections for lack of personal jurisdiction over the appellees, Donald and Nancy Powell. We must reverse and remand the matter for reasons herein stated.

The factual allegations which were set forth in appellees' preliminary objections consisted of the following:*fn1

Appellees, the Powells, lived in Fox Chapel until 1984, at which time they moved to the State of Washington. Although they did not sell their house in Fox Chapel at that time, their homeowners' insurance policy was cancelled because the house was vacant.

The Powells had initially received their insurance coverage through their broker, Williams & Sapp, Inc., and the successor, Walter Sapp Insurance Agency, Inc. (Sapp).

The Powells contacted Sapp to learn what action they should take concerning the insurance. Sapp agreed to

[ 359 Pa. Super. Page 371]

    contact other sources of insurance to determine what ...


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