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Penn's Market v. Harleysville Mutual Ins. Co.

Supreme Court of Pennsylvania
Oct 2, 2007
934 A.2d 1148 (Pa. 2007)

Opinion

No. 219 EAL 2007.

October 2, 2007.

Petition for Allowance of Appeal No. 219 EAL 2007 from the Order of the Superior Court.

Prior Report: Pa.Super., 928 A.2d 1136.


ORDER


AND NOW, this 2nd day of October, 2007, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:

(1) Did the Superior Court depart from established law and from accepted decisional procedures for an intermediate appellate court of review, and mistakenly resolve a question of state-wide importance when it misconstrued important legal principles and ignored critical facts which defined the claims made against respondents, and which, properly considered, establish that the claims against plaintiffs did not constitute claims for wrongful eviction?

(2) When a complaint against an insured does not plead facts which would support a claim that the insured had wrongfully evicted a tenant, but rather described actions legitimately taken by the insured in accordance with and enforcement of the parties' lease, or at worst, attempted to assert a breach of contract claim based on a purported but ineffective oral amendment to the lease, does a trial court correctly hold that the complaint did not assert a "wrongful eviction" claim?


Summaries of

Penn's Market v. Harleysville Mutual Ins. Co.

Supreme Court of Pennsylvania
Oct 2, 2007
934 A.2d 1148 (Pa. 2007)
Case details for

Penn's Market v. Harleysville Mutual Ins. Co.

Case Details

Full title:PENN'S MARKET I, Penn's Market II, Kurt L. McLaughlin and Herbert J…

Court:Supreme Court of Pennsylvania

Date published: Oct 2, 2007

Citations

934 A.2d 1148 (Pa. 2007)
934 A.2d 1148