Thursday, May 28, 2009

REGIS INSURANCE COMPANY v. ALL AMERICAN RATHSKELLER, INC.; JASON, RYAN, CHRIS, CURTIS ROSENGRANT; COLIN HAUGHTON, GRACE JIMINEZ, ADMISTRATRIX OF THE

REGIS INSURANCE COMPANY v. ALL AMERICAN RATHSKELLER, INC.; JASON, RYAN, CHRIS, CURTIS ROSENGRANT; COLIN HAUGHTON, GRACE JIMINEZ, ADMISTRATRIX OF THE ESTATE OF SALVADORE PETER SERRANO, AND BROOKE E. MORGAN
No. 773 MDA 2007 2009 PA Super 99 Atlantic: n/a Filed: 5/28/2009

Appeal from the Judgment entered April 9, 2007,
Court of Common Pleas, Centre County,
Civil Division at No. 2004-4369
Before: FORD ELLIOTT, P.J., DONOHUE and POPOVICH, JJ.
Opinion by: DONOHUE, J.
Appellant Regis Insurance Company (“Regis”) filed this declaratory judgment action to resolve a dispute over the extent of its coverage obligations to Appellee All-American Rathskeller (“Rathskeller”) under a Special Multi-Peril Policy. The trial court granted summary judgment to Rathskeller. In this appeal, Regis contends that the trial court erred in doing so and should instead have granted summary judgment in its favor or allow the declaratory judgment action to proceed to trial. After careful review, we reverse the entry of summary judgment in favor of Rathskeller and remand with instructions to enter summary judgment in favor of Regis.
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