Green v. Pennsylvania Property & Casualty Insurance Guaranty Ass'n, 158 A.3d 653

James Green was shot at Kong’s Night Club (owned by Uropa, Inc.) in 1996; the club manager Dankovich possessed the firearm. Green sued Dankovich and Uropa and obtained a $1,000,000 default judgment against Dankovich in 1997.
Uropa carried a commercial general liability policy issued by Security Indemnity, which issued coverage denial letters in Sept. 1996 and Jan. 1997 citing assault/battery and intentional-injury exclusions and notice defenses.
Green pursued garnishment against Security Indemnity; proceedings were stayed when Security Indemnity entered rehabilitation and was declared insolvent in 2004. Green filed a proof of claim with the liquidator in 2004.
PPCIGA (Pennsylvania guaranty association) corresponded in 2007 indicating it had not set up a claim to handle the matter; Green later received a final claim determination from the liquidator in 2011 and PPCIGA denied coverage in 2012.
Green sued PPCIGA in 2013 seeking payment of his $1,000,000 judgment; the trial court granted PPCIGA summary judgment (statute of limitations and no covered claim under the Act). Green appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether declaratory action against PPCIGA is time‑barred	Green: limitations did not run until liquidator's final determination (2011) or PPCIGA denial (2012); suit filed within 4 years	PPCIGA: limitations began by Apr. 2007 when counsel said PPCIGA had not set up a claim	Trial court erred: 2007 letter did not create an actual controversy; limitations did not necessarily begin then (Green timely filed)
Whether Green possessed a “covered claim” under the PPCIGA Act despite insurer’s pre‑insolvency coverage denial	Green: third‑party claimant whose loss arose under the policy and whose garnishment proceedings were cut off by insolvency — so PPCIGA must cover	PPCIGA: insurer’s pre‑insolvency denials meant no covered claim existed at insolvency; coverage must exist pre‑insolvency or within 30 days after	Court held insurer’s pre‑insolvency denial, without judicial confirmation, does not as a matter of law defeat a covered claim; Green may proceed against PPCIGA (remanded)

Selective Way Ins. Co. v. Hospitality Group Servs., Inc., 119 A.3d 1035 (Pa. 2015) (when a declaratory‑judgment limitations period begins; actual controversy rule)
Bell v. Slezak, 812 A.2d 566 (Pa. 2002) (third‑party claimants may be covered under PPCIGA Act)
Fine v. Checcio, 870 A.2d 850 (Pa. 2005) (summary judgment standard and accrual as when action could first be maintained)
Wagner v. Apollo Gas Co., 582 A.2d 364 (Pa. Super. 1990) (declaratory judgment accrual and limitations discussion)
Zourelias v. Erie Ins. Grp., 691 A.2d 963 (Pa. Super. 1997) (declaratory action accrues on insurer’s denial of coverage)
Bianco v. Concepts 100, Inc., 436 A.2d 206 (Pa. Super. 1981) (garnishment interrogatories permit determination of insurer coverage defenses)