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Wagner v. Erie Insurance Company

Supreme Court of Pennsylvania, Eastern District
Apr 29, 2004
577 Pa. 563 (Pa. 2004)

Summary

finding waiver where appellee did not raise issue in cross-motion for summary judgment, and thus trial court did not have opportunity to address it

Summary of this case from Pettit v. Namie

Opinion

No. [J-118-2003].

Argued: October 20, 2003.

Decided: April 29, 2004.

No. 15 EAP 2003, Appeal from the Order of the Superior Court entered on May 22, 2002 at No. 1158 EDA 2001, vacating the Order of the Court of Common Pleas of Philadelphia County, Civil Division, entered on March 29, 2001 at No. 338 Oct. Term 1999, 801 A.2d 1226 (Pa.Super. 2002).


ORDER


The Order of the Superior Court is affirmed.

Justice LAMB did not participate in the decision of this case.

Justice NIGRO files a dissenting statement in which Madame Justice Newman joins.


Unlike my colleagues, I would reverse the order of the Superior Court and order Appellee Erie Insurance Company to cover the losses that Appellant Thomas F. Wagner, individually and trading as Blue Bell Gulf, sustained when an underground pipe at his gasoline station ruptured, releasing gasoline into the soil under his and neighboring properties. I simply cannot accept the Superior Court's position that an insurance company providing general liability coverage for an insured's operation of a gasoline station can deny coverage for damages from a gasoline leak based on a general pollution exclusion, when that exclusion is buried on page twenty-five of the policy and the policy's definition of "pollutant" does not specifically reference gasoline.

Justice NEWMAN joins.


Summaries of

Wagner v. Erie Insurance Company

Supreme Court of Pennsylvania, Eastern District
Apr 29, 2004
577 Pa. 563 (Pa. 2004)

finding waiver where appellee did not raise issue in cross-motion for summary judgment, and thus trial court did not have opportunity to address it

Summary of this case from Pettit v. Namie
Case details for

Wagner v. Erie Insurance Company

Case Details

Full title:THOMAS F. WAGNER, INDIVIDUALLY AND TRADING AS BLUE BELL GULF, Appellant v…

Court:Supreme Court of Pennsylvania, Eastern District

Date published: Apr 29, 2004

Citations

577 Pa. 563 (Pa. 2004)
847 A.2d 1274

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