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Nationwide Mutual Insurance Co. v. Fleming

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT


January 29, 2010

NATIONWIDE MUTUAL INSURANCE COMPANY, NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, NATIONWIDE GENERAL INSURANCE COMPANY, NATIONWIDE PROPERTY & CASUALTY INSURANCE COMPANY AND COLONIAL INSURANCE COMPANY OF WISCONSIN F.K.A. COLONIAL INSURANCE COMPANY OF CALIFORNIA, APPELLANTS
v.
JOHN FLEMING, JOSHUA MEEDER, MEEDER FLEMING & ASSOCIATES, INC., MORAINE GROUP, INC., MARY LOU FLEMING, ANDREA MEEDER, ROBERT DEAN, JOHN WILLIAMS, BARBARA REDDICK, RAY KOOSER, SANDY KOOSER, DAVID COLLEY, CONNIE TAYLOR, MICHELE DAUGHERTY, LON MCALLISTER, AND LON MCALLISTER AGENCY, APPELLEES

Appeal from the Order of Superior Court entered May 21, 2007 at No. 207 WDA 2005, affirming the Order of the Butler County Court of Common Pleas entered January 25, 2005 at No. EQ 99-50018.

Per curiam.

ARGUED: March 6, 2008

ORDER

AND NOW, this 29th day of January, 2010, the January 4, 2010 Resubmission Order is hereby VACATED. The Court being equally divided, the order of the Superior

Court is AFFIRMED.

Mr. Justice Eakin files an Opinion in Support of Affirmance, which is joined by Mr. Justice Baer.

Mr. Justice Saylor files an Opinion in Support of Reversal, which is joined by Mr. Chief Justice Castille.

Madame Justice Todd and Mr. Justice McCaffery did not participate in the consideration or decision of this matter.

20100129

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