Policy Exclusion • Summary Judgment • Law of the Case • Ambiguous Provision
Windows v. Erie Ins. Exch., PICS Case No. 17-0758 (Pa. Super. May 1, 2017) Moulton, J. (12 pages).
Trial judge erred in ruling that a motion court’s denial of summary judgment, which insurer sought based on a policy exclusion, was the law of the case and precluded further litigation of the meaning of the exclusion provision because the decision read into the denial of summary judgment a legal conclusion not articulated by the motion court nor necessary to the denial and the meaning of the policy exclusion was ambiguous. Reversed and remanded.
