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Eastcoast Equip. Co. v. Md. Cas. Co.

Superior Court of Pennsylvania
Mar 24, 1966
207 Pa. Super. 383 (Pa. Super. Ct. 1966)

Summary

adopting the opinion of the trial court

Summary of this case from Selected Risks Ins. Co. v. Bruno

Opinion

December 13, 1965.

March 24, 1966.

Insurance — Duty of insurer to defend actions against insured — Personal liability and property damage coverages — Products hazard operations exclusion — Negligent representation.

In an action by A, the insured, under a policy of insurance, seeking recovery against defendant, the insurer, of counsel fees and costs incurred in the defense of two personal injury actions which the insurer had refused to defend, in which it appeared that the policy provided coverage against bodily injury liability and property damage liability, and also provided that with respect to such insurance as was afforded by the policy the company would defend any suit against the insured even if such suit were groundless; that the policy carried an endorsement which excluded "Products Hazard", including in the definition of this term "operations, if the accident occurs after such operations have been completed or abandoned and occurs away from premises owned, rented or controlled by the named insured"; that in the personal injury action, in which A had been one of the defendants, the two plaintiffs, who had been injured when a crane cable broke, had averred that A, the distributor and agent of the manufacturer of the crane, had been negligent in recommending for use in the operation of the crane the cable that broke, as it had been unsafe and improper for use with the crane; and that the court below, holding that (a) an operation consisting of a negligent representation made for the purpose of or reasonably calculated to induce action is not completed until the person to whom the representation is made acts and relies upon that representation, and (b) even if a representation is to be considered complete as of the time it is made, the evidence in the personal injury action could very possibly have been that the representations of A had, in fact, not been completed, but that there were to be further instructions and recommendations (included in the broad term representations) on the use of the crane and cable so that (c) the negligent representations of A were not within the exclusion of the products hazard operations clause, (d) the nature of the claims against A were such as came, or might potentially come, within the coverage of the policy, and (e) it therefore was the duty of the insurer to defend the actions against A, found for plaintiff and against defendant and entered judgment on the findings; it was Held that the judgment of the court below should be affirmed.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).

Appeal, No. 313, Oct. T., 1965, from order of Court of Common Pleas No. 1 of Philadelphia County, June T., 1963, No. 5024, in case of Eastcoast Equipment Company v. Maryland Casualty Company. Order affirmed.

Same case in court below: 38 Pa. D. C. 2d 449.

Assumpsit. Before SLOANE, P.J., without a jury.

Findings entered for plaintiff; exceptions to findings dismissed and judgment entered for plaintiff. Defendant appealed.

Lynn L. Detweiler, with him Swartz, Campbell Detweiler, for appellant.

Harry Norman Ball, with him H. Donald Busch, for appellee.


Argued December 13, 1965.


The order of the Court of Common Pleas of Philadelphia County is affirmed on the opinion of President Judge JOSEPH SLOANE for the court below, reported at 38 Pa. D. C. 2d 449.


Summaries of

Eastcoast Equip. Co. v. Md. Cas. Co.

Superior Court of Pennsylvania
Mar 24, 1966
207 Pa. Super. 383 (Pa. Super. Ct. 1966)

adopting the opinion of the trial court

Summary of this case from Selected Risks Ins. Co. v. Bruno

In East Coast, we affirmed the decision of a court en banc on the basis of the lower court opinion which provided in part: `The policy behind this rule [construction against the insurer] is sound; the insurer wrote the policy and the individual purchaser is concerned primarily with monetary benefits.

Summary of this case from Daburlos v. Commercial Ins. Co. of Newark, N.J

In East Coast, we affirmed the decision of a court en banc on the basis of the lower court opinion which provided in part: "The policy behind this rule [construction against the insurer] is sound; the insurer wrote the policy and the individual purchaser is concerned primarily with monetary benefits.

Summary of this case from Nationwide Mut. Ins. Co. v. U.S. Fid. Guar.

In Eastcoast Equipment Company v. Maryland Casualty Company, 207 Pa. Super. 383, 218 A.2d 91 (1966), a New Jersey corporation sued an insurance company whose state of incorporation and principal place of business are not stated.

Summary of this case from Melville v. American Home Assur. Co.

In Eastcoast Equipment Co. v. Maryland Casualty Co., 218 A.2d 91 (Pa.Super. 1966), this Court held that negligent misrepresentation by an insured is not complete, for purposes of a "completed operations" exclusion, until reliance on such misrepresentation causes an injury. This is so even if the insured service provider has departed the premises and relinquished control to its customer, because no one can be injured by a negligent misrepresentation until it is tested by actual reliance.

Summary of this case from Keystone Spray Equipment v. Regis Ins. Co.

following Lee v. Aetna

Summary of this case from Franklin v. Western Nat. Mut. Ins. Co.

In Eastcoast, we affirmed the decision of a court en banc on the basis of the lower court opinion which provided in part: "The policy behind this rule [construction against the insurer] is sound; the insurer wrote the policy, and the individual purchaser is concerned primarily with monetary benefits.

Summary of this case from Klischer v. Nationwide Life Ins. Co.

In Eastcoast, we affirmed the decision of a court en banc on the basis of the lower court opinion which provided in part: "The policy behind this rule [construction against the insurer] is sound; the insurer wrote the policy, and the individual purchaser is concerned primarily with monetary benefits.

Summary of this case from Hionis v. North. Mut. Ins. Co. et al
Case details for

Eastcoast Equip. Co. v. Md. Cas. Co.

Case Details

Full title:Eastcoast Equipment Company v. Maryland Casualty Company, Appellant

Court:Superior Court of Pennsylvania

Date published: Mar 24, 1966

Citations

207 Pa. Super. 383 (Pa. Super. Ct. 1966)
218 A.2d 91

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