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ASSICURAZIONI GENERALI, S.P.A. v. PUBLIC SERV. MUT

May 9, 1995

ASSICURAZIONI GENERALI, S.p.A., Plaintiff,
v.
PUBLIC SERVICE MUTUAL INSURANCE COMPANY, a/k/a PSM, MARKETING INDUSTRIES GROUP, LTD, formerly known as SERVICE FURNITURE DELIVERY, INC., BLOOMINGDALE'S INC., and WILLIE WIGGINS, Defendants.



The opinion of the court was delivered by: MARVIN KATZ

 AND NOW, this 9th day of May, 1995, upon consideration of Plaintiff, Assicurazioni Generali, S.p.A.'s Motion For Summary Judgment, Motion For Summary Judgment Of Public Service Mutual Insurance Company Pursuant to F.R.C.P. 56, Motion Of Marketing Industries Group, Ltd. ("MIG") For Summary Judgment, Motion Of Defendant Bloomingdale's, Inc. For Summary Judgment, and the responses thereto, it is hereby ORDERED that:

 
1. Plaintiff, Assicurazioni Generali, S.p.A.'s Motion For Summary Judgment is GRANTED in part and DENIED in part;
 
2. Motion For Summary Judgment Of Public Service Mutual Insurance Company Pursuant to F.R.C.P. 56 is GRANTED in part and DENIED in part;
 
3. Motion Of Marketing Industries Group, Ltd. ("MIG") For Summary Judgment is GRANTED; and
 
4. Motion Of Defendant Bloomingdale's, Inc. For Summary Judgment is GRANTED.

 Background

 The relevant facts in this declaratory judgment action are not in dispute. *fn1" The controversy involves two insurance companies, a household furniture seller, the seller's contracted delivery company and an aggrieved freight elevator operator. In July 1992, the freight elevator operator, Willie Wiggins, worked in a Philadelphia apartment building (the "Building"). Wiggins was allegedly injured on July 23, 1992, when a bed frame fell on his foot as it was being removed from the Building's freight elevator. The freight elevator was stationary and Wiggins was standing outside elevator in the nineteenth floor hallway of the Building when the accident occurred. The offending bed frame was purchased by a nineteenth floor resident of the Building from defendant Bloomingdale's, Inc. ("Bloomingdale's"), and was being delivered by defendant Marketing Industries Group, Ltd. ("MIG") to the resident's apartment when it fell on Wiggins' foot.

 On June 30, 1994, Wiggins filed a negligence action in Philadelphia Common Pleas Court (the "Common Pleas Action") against MIG and Bloomingdale's alleging injuries to his foot resulting from the bed frame's fall. The pertinent allegations in Wiggins' Common Pleas Action complaint are:

 
12. While [MIG's] employees were attempting to pull the furniture out of the elevator, the employees negligently caused the bed frame to fall on Mr. Wiggins' left foot, resulting in severe and permanent injuries.
 
13. Defendant [MIG's] negligence consisted, inter alia, of the following:
 
(a) unloading the elevator without due regard for the rights, safety and position of the plaintiff;
 
(b) failing to keep the bed frame under proper control ...

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