· 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 CourtListenerSourced 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.