J-A01018-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
SEAGRAVE FIRE APPARATUS, LLC IN THE SUPERIOR COURT OF PENNSYLVANIA
v.
CNA D/B/A CONTINENTAL CASUALTY COMPANY AND THE CONTINENTAL INSURANCE COMPANY,; AND LEXINGTON INSURANCE COMPANY D/B/A NATIONAL UNION FIRE INSURANCE COMPANY OF PENNSYLVANIA AND AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY; AND NATIONWIDE ON BEHALF OF LIBERTY MUTUAL D/B/A EMPLOYERS MUTUAL LIABILITY, OTHERWISE KNOWN AS WAUSAU INSURANCE; AND RSUI D/B/A LANDMARK AMERICAN INSURANCE COMPANY; AND ACE D/B/A CENTENNIAL INSURANCE COMPANY, CENTURY INDEMNITY, CAL UNION, INA/AETNA, CIGNA INSURANCE COMPANY, INSURANCE COMPANY OF NORTH AMERICA AND WESTCHESTER FIRE INSURANCE COMPANY; AND CHARTIS INSURANCE D/B/A AMERICAN HOME ASSURANCE; AND AXIS SURPLUS INSURANCE COMPANY; AND ROYAL SURPLUS LINES D/B/A/ ARROWPOINT; AND ONEBEACON D/B/A EMPLOYERS LIABILITY ASSURANCE; AND THE HARTFORD D/B/A NEW ENGLAND REINSURANCE AND FIRST STATE INSURANCE COMPANY; AND ZURICH D/B/A NORTH INSURANCE COMPANY OF NEW YORK AND STEADFAST INSURANCE COMPANY; AND LEXINGTON CASUALTY INSURANCE D/B/A AMERICAN HOME ASSURANCE J-A01018-18
(CHARTIS); AND INTERSTATE FIRE AND CASUALTY COMPANY D/B/A FIREMAN'S FUND; AND ADMIRAL INSURANCE COMPANY; AND CRUM AND FORSTER D/B/A/ UNITED STATES FIRE INSURANCE COMPANY
No. 2497 EDA 2017
Appeal from the Order Entered June 29, 2017 in the Court of Common Pleas of Philadelphia County Civil Division at No.: September Term, 2014 No. 02677
BEFORE: LAZARUS, J., OTT, J., and PLATT, J.*
MEMORANDUM BY PLATT, J.: FILED MARCH 26, 2018
Appellant, Admiral Insurance Company, appeals from the trial court's
order denying its motion for summary judgment, and granting the motion for
summary judgment of Nationwide Indemnity Company, Steadfast Insurance
Company, and Landmark Insurance Company (collectively, Appellees).
Specifically, the trial court found that Appellant has a duty to contribute to the
defense of Seagrave Fire Apparatus, Inc. ("Seagrave") in claims asserted
against it, as explained more fully below. We affirm.
We take the procedural and factual background of this matter from the
trial court's June 29, 2017 opinion.
Plaintiff [Seagrave] is a Wisconsin corporation which has for many decades manufactured fire engines. Seagrave is a defendant in at least 455 occupational noise induced hearing loss claims brought by fire department personnel, who allege their deafness was caused by continued exposure to the sounds of the ____________________________________________
* Retired Senior Judge assigned to the Superior Court.
J-A01018-18
sirens installed by [Appellant] on its fire engines. The exposure of some of the underlying plaintiffs allegedly began in the 1960's. In this coverage action, Seagrave seeks payment of defense costs by all the insurers who issued policies to it over more than 50 years.
Many of those insurers have agreed to share in the costs of Seagrave's defense of the underlying actions under reservations of rights. However, [Appellant] refuses to provide a defense and has moved for a summary, declaratory judgment that it has no duty to defend or indemnify Seagrave in the underlying actions. [Appellees], who asserted cross-claims for contribution and indemnity and equitable contribution against [Appellant], moved for summary judgment on those claims as well. . . .
(Trial Court Opinion, 6/29/17, at 1-2). The trial court denied