Tuesday, November 18, 2008

Superior Court - BRETHREN MUTUAL INSURANCE COMPANY v. CYNTHIA McKERNAN f/k/a CYNTHIA STROBRIDGE; PAMELA GARDNER and WANDA COOLEY, as Co-Administratrix

BRETHREN MUTUAL INSURANCE COMPANY v. CYNTHIA McKERNAN f/k/a CYNTHIA STROBRIDGE; PAMELA GARDNER and WANDA COOLEY, as Co-Administratrixes of the Estate of Joseph M. Gardner, deceased; PAMELA GARDNER and WANDA COOLEY, as Co-guardians of the Estate of Morgan Joseph Gardner, A Minor, and PAMELA GARDNER And WANDA COOLEY, as Co-Guardians of the Estate of Erica Elaine Gardner, a Minor
No. 895 MDA 2005 2008 PA Super 270 Atlantic: 961 A.2d 205 Filed: 11/18/2008

Appeal from the Order Entered May 5, 2005
In the Court of Common Pleas of BRADFORD County
Civil at No: 02CV000094
Before: FORD ELLIOTT, PJ, MUSMANNO, LALLY-GREEN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: PANELLA, J.
Appellant, Cynthia McKernan, appeals from the order entered on May 5, 2005, in the Court of Common Pleas of Bradford County, which granted the Motion for Summary Judgment of Appellee, Brethren Mutual Insurance Company. In granting summary judgment, the trial court, in a decisive memorandum, held that Pennsylvania public policy prohibits insurance coverage for an order of restitution imposed pursuant to a criminal conviction. After a careful review, we affirm.
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