Property and Casualty Insurance Claim Act • Statute of Limitations • “Covered Claim” • Declaratory Judgment Action • Denial of Coverage
Green v. Pa. Prop. and Cas. Ins. Guar. Ass’n, PICS Case No. 17-0437 (Pa. Super. March 21, 2107) Olson, J. (23 pages).
Trial court erred in dismissing appellant’s declaratory judgment action against PPCIGA because trial court erred in holding that letter from PPCIGA to appellant triggered the statute of limitations, insurer’s preinsolvency denial of coverage by itself did not preclude appellant from asserting a potentially covered claim under the act and genuine issues of fact as to appellant’s wounding precluded summary judgment. Order vacated.
