Mehlig v. Harter

12 Pa. D. & C.3d 131, 1979 Pa. Dist. & Cnty. Dec. LEXIS 209
Pennsylvania Court of Common Pleas, Carbon County·Decided April 11, 1979·No. no. 11·Published

Opinion

LAVELLE, P.J.,

In this garnishment proceeding we are called upon to construe certain exclusionary provisions contained in [132]*132a building contractor’s liability insurance policy. The matter comes before us upon the carrier-garnishee’s motion for judgment on the pleadings. A brief review of the facts is necessary for resolution of the questions presented.

During 1973, plaintiffs entered into a contract with a William F. Joy for construction of a modular home upon plaintiffs’ lot in the Borough of Weath-erly. Joy subcontracted with defendant for construction of the basement foundation and the basement walls. Shortly after the completion of this work, one of the walls collapsed, causing damage to the home and to plaintiffs’ personal property in the home. At the time the work was done, defendant was insured under a contractors’ general liability insurance policy issued by The Ohio Casualty Insurance Company.

Plaintiffs filed the within action against defendant seeking damages for the cost of removing and replacing the collapsed basement walls, loss of use of the premises following the collapse, the value of certain personal property which was damaged and other consequential damages. Prior to trial, the parties stipulated that the known damages sustained by plaintiffs were in the amount of $6,250. A jury returned a verdict in favor of plaintiffs in that amount and judgment was entered on the verdict.

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Mehlig v. Harter, 12 Pa. D. & C.3d 131, 1979 Pa. Dist. & Cnty. Dec. LEXIS 209 (Pa. Super. Ct. 1979).

12 Pa. D. & C.3d 131 (Mehlig v. Harter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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