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· 4/22/1970

Hudock v. Donegal Mutual Insurance

Citations

  • 438 Pa. 272
  • 264 A.2d 668
  • 1970 Pa. LEXIS 776

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • while insurance adjuster had a duty to his principal, the insurance company, to perform whatever tasks assigned to him, such duty did not serve to create a contractual obligation between the adjuster and the insured
  • order which sustains preliminary objections in the nature of a demurrer without explicitly terminating the action is final and appealable if it effectively terminates action
  • under Pennsylvania law, contractual privity exists between the insurer and the insured; there is no privity between a related party and the insured in the absence of a separate contract
  • “a preliminary objection in the nature of a motion to strike off impertinent matter... would appear to be the appropriate means through which to challenge an erroneous prayer for damages”
  • “The [claims] adjusters had a duty to their principals, the insurance companies . . . but this duty did not serve to create a contractual obligation between the adjusters and the [policyholder].”
  • order sustaining preliminary objections and effectively terminating action is final and appealable

Source: CourtListener parenthetical corpus (CC0).

Judges: Bell, Jones, Cohen, Eagen, O'Brien, Roberts, Pomeroy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.