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TERRA NOVA INS. CO. v. THEE KANDY STORE

January 19, 1988

Terra Nova Insurance Co., Ltd.
v.
Thee Kandy Store, Inc., t/a The Moonglow Supper Club, et al.



The opinion of the court was delivered by: NEWCOMER

 NEWCOMER, J.

 I. FINDINGS OF FACT

 The following facts have been stipulated by all parties:

 1. Plaintiff is a citizen of the United Kingdom.

 2. All defendants are citizens of Pennsylvania.

 3. This case involves the respective rights and liabilities of the parties under an insurance contract which provides, if applicable, $ 50,000.00 in liability insurance for the Watson and Moonglow defendants.

 4. Defendant Thee Kandy Store, Inc. operates a bar and restaurant known as the Moonglow Supper Club. Doris Watson is the principal of Thee Kandy Store, Inc., a Pennsylvania corporation, and Edward Watson is an agent of that corporation.

 5. Defendant William Curry is the owner of the premises on which the Moonglow Supper Club is located.

 6. Defendant Mark Kinsey is an individual who has brought suit against the other named defendants in the Court of Common Pleas for Philadelphia County, June Term 1986, No. 3404 (the "underlying action").

 7. Mr. Kinsey's complaint against the other defendants herein arises exclusively from an incident which allegedly took place on or about November 24, 1985.

 8. The claims advanced by Mr. Kinsey are set forth in his complaint, a true and correct copy of which was admitted in evidence as plaintiff's Exhibit "2".

 9. Pursuant to Policy No. 85TN110120, plaintiff agreed to provide liability insurance in the amount of $ 50,000.00 to the Watson and Kandy Store defendants for the period from May 30, 1985 to May 30, 1986.


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