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Superior Court of Pennsylvania
July 1, 2021, Decided; July 1, 2021, Filed
No. 779 MDA 2020
MEMORANDUM BY KUNSELMAN, J.:
In this declaratory judgment action, Erica Schuback asked the trial court to declare that Erie Insurance Exchange had a duty to defend and indemnify her in a separate lawsuit involving a personal injury action filed against her by Patricia and Michael Catalano. The trial court determined that the allegations in the Catalanos' complaint were sufficient to trigger Erie's duty to defend Schuback in that case. Accordingly, the trial court granted Schuback's motion for summary judgment in the declaratory judgment action. Erie appealed. Upon review, we affirm.
The incident giving rise to the underlying tort action are as follow: Mrs. Catalano purchased a ticket for a wine tour excursion from Around the World Travel. The tour involved a bus trip from northeastern Pennsylvania to New York. AJ Limo Coach provided transportation services for Around the World Travel.
During the tour, Schuback stood up from her seat while the bus was moving and began walking [*2] down the aisle. Suddenly, the bus swerved, and Schuback fell into Mrs. Catalano. Shuback's elbow hit Mrs. Catalono in the right eye, allegedly causing serious injuries.
The Catalanos filed a personal injury action and named Erica Schuback, Around the World Travel, and AJ Limo Coach as defendants. In their complaint, the Catalanos alleged, in relevant part, the following:
8. At all times material hereto, the Defendant, Erica Schuback was an employee, agent, servant or workman of the Defendant, Around the World Travel and was responsible for organizing, promoting and effectuating a tour more fully explained hereafter.
9. At all times material hereto, the Defendant, Around the World Travel was a commercial business involved in the conduct, sale and promotion of various tours, vacations nd trips an in articular that which is the subject matter of this action.
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2021 Pa. Super. Unpub. LEXIS 1738 *; 260 A.3d 101; 2021 WL 2772815
ERICA SCHUBACK v. AROUND THE WORLD TRAVEL, ERIE INSURANCE EXCHANGE, NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, PATRICIA CATALANO AND MICHAEL CATALANO. APPEAL OF: ERIE INSURANCE EXCHANGE
Notice: PUBLISHED IN TABLE FORMAT IN THE ATLANTIC REPORTER.
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Prior History: [*1] Appeal from the Order Entered April 30, 2020, in the Court of Common Pleas of Lackawanna County, Civil Division at No(s): 19-CV-2704.
insured, duty to defend, world travel, trial court, coverage, allegation of the complaint, summary judgment motion, personal injury action, indemnify, lawsuit, Leased, insurer's duty to defend, discovery