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Rosemary Simpson v. Allstate Insurance Company

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eBook details

  • Title: Rosemary Simpson v. Allstate Insurance Company
  • Author : Superior Court of Pennsylvania
  • Release Date : January 24, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 69 KB

Description

Rosemary Simpson commenced an action in assumpsit against Allstate Insurance Company (Allstate) to recover a fire loss of $35,468 for which Allstate allegedly had agreed to indemnify her pursuant to a policy of fire insurance. After Allstate had refused to respond to Simpsons request for the production of certain statements of witnesses and other documents, Simpson obtained a court order, dated April 14, 1982, directing Allstate to produce the requested documents for examination within thirty days. Appellants counsel again failed to produce the required documents. Simpsons threats to obtain a sanction order from the court also failed to produce action. Finally, by letter dated October 6, 1982, Simpsons counsel notified Allstates attorney that a motion for the imposition of a sanction in the nature of a judgment on the claim would be presented to the trial court on October 11, 1982 unless Allstate complied with the courts discovery order before that date. Allstate failed to comply, and its counsel failed to appear in opposition when the motion for sanctions was presented to the court. The motion, therefore, was granted. The trial court, pursuant to Pa.R.C.P. 4019(c)(3), directed the prothonotary to enter judgment against Allstate by order dated October 13, 1982.


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