Kurach, K. v. Truck Insurance Exchange

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

KONRAD KURACH, : No. 531 EAL 2018 :

Petitioner : : Petition for Allowance of Appeal from : the Order of the Superior Court v. : : :

TRUCK INSURANCE EXCHANGE, : :

Respondent :

MARK WINTERSTEEN, INDIVIDUALLY : No. 532 EAL 2018 AND ON BEHALF OF ALL OTHERS : SIMILARLY SITUATED : : Petition for Allowance of Appeal from : the Order of the Superior Court v. : : :

TRUCK INSURANCE EXCHANGE, : :

Respondent :

ORDER

PER CURIAM

AND NOW, this 29th day of May, 2019, the Petition for Allowance of Appeal is

GRANTED. The issue, as stated by Petitioner, is:

Did the Superior Court err as a matter of law in finding that the limitation of payment of General Contractors Overhead and Profit from actual cash value in a replacement cost policy, although violative of binding precedent, was nonetheless valid and enforceable?