Central Mutual Insurance v. Lutz

414 Pa. 137 | Pa. | 1964

Opinion by

Mr. Chief Justice Bell,

This appeal arose from a Judgment rendered for defendants in a declaratory judgment proceeding. The pleadings and testimony raised important controverted or disputed facts and consequently a declaratory judgment proceeding will not lie. Allstate Insurance Company v. Seward, 407 Pa. 628, 182 A. 2d 715; State Farm Mutual Automobile Insurance Company v. Semple, 407 Pa. 572, 180 A. 2d 925.

Judgment vacated.

Mr. Justice Cohen concurs in the result.