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474 Pa. 527

379 A.2d 79

Incollingo v. Ewing

Supreme Court of Pennsylvania

Decided October 7, 1977

Supreme Court of Pennsylvania · decided 1977-10-07

Relies on Hafer v. Schauer

Good law ✅— No negative treatment on recordhow we know

Decided 1977-10-07

How this case has been cited

Cited by 61 later decisions — most recently March 2019 · most notably Hall v. Amica Mutual Insurance (1994), 283 Pa. Super. 464 - Wade v. S. J. Groves & Sons Co. (1981)

48 state decisions

22019771980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PACKEL, Justice,

¶1concurring and dissenting.

¶2I concur on the ground that Firemen’s promise to pay “all interest accruing after the entry of judgment” in its context is ambiguous. As such it is construable against the insurer and can readily mean all interest due and owing after the entry of judgment. A strict interpretation that the phrase means interest only on the judgment produces the undesirable conclusion that procrastination by the insurer after the *541verdict and payment prior to judgment enables it to have the use of the money without any payment of interest.

¶3The judgment included interest on the verdict and, to the extent of that interest and the interest due thereafter, it is all accruable in the sense of being owed after the entry of judgment. I see no need in this case to conclude that Hafer v. Schauer, 429 Pa. 289, 239 A.2d 785 (1968) was wrongly decided. As the majority opinion points out, it dealt with the situation where no judgment had ever been entered.

¶4I dissent from the holding that Medical Protective is liable for any interest. It made no promise to pay any interest and, in the context of its stated obligation, I do not agree that by interpretation “interest” should be equated with “costs.”

O’BRIEN, J., joins in this opinion.
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