Suffolk Constr. v. Reliance Ins. Apl of: Suffolk ( 2019 )

[J-119-2019] [MO: Donohue, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT SUFFOLK CONSTRUCTION COMPANY, : No. 40 MAP 2019 : Objector : Appeal from the Order of : Commonwealth Court at No. 2 REL : 2017 dated March 18, 2019. v. : : Submitted: December 17, 2019 : RELIANCE INSURANCE COMPANY (IN : LIQUIDATION) (ANCILLARY MATTER : TO IN RE: RELIANCE INSURANCE : COMPANY (IN LIQUIDATION) 1 REL : 2001) : : : APPEAL OF: SUFFOLK : CONSTRUCTION COMPANY : DISSENTING OPINION JUSTICE BAER DECIDED: December 17, 2019 I would affirm the Commonwealth Court’s order by adopting the rationale employed by that court in its memorandum opinion, Suffolk Construction Company v. Reliance Insurance Company (In Liquidation), 2 REL 2019 (Pa. Cmwlth. filed March 18, 2019) (unpublished), which held that, pursuant to the clear and unambiguous language of the relevant settlement agreement: (1) Appellant Suffolk Construction Company is precluded from seeking insurance coverage from Appellee Reliance Insurance Company (“Reliance”); and (2) Reliance, through its statutory liquidator, had the right as a third party beneficiary to enforce the settlement agreement.