A.G. ALLEBACH, INC., Appellant, v. Joseph W. HURLEY and Norfolk Dedham Mutual Fire Insurance Company and Utica Mutual Insurance Co., 373 Pa. Super. 41

Summary

Appellant insured obtained an insurance policy form appellee insurance agent. The policy purported to cover appellant for losses due to fire. A fire damaged the building that appellant was renting, including vehicles that were in the process of undergoing repairs and appellant's own property. Appellant notified appellee insurance agent that he would bring an action against him. Appellee insurance agent obtained an errors and omissions policy from appellee insurer. When appellee insurer received notice of the action against appellee insurance agent, it rescinded the policy. Appellee insurance agent assigned to appellant all his rights he had against appellee insurer. Appellant brought an action for garnishment against appellee insurer. A verdict was entered for appellee insurer. The court affirmed, holding that appellant had chosen its theory of recovery which was garnishment and was required to abide by the law governing that theory. The court determined that appellee insurer was ...