Dear Nick -As you know, PHIC had filed Preliminary Objections to InterNACHI's lawsuit against it seeking to have InterNACHI's claims for wrongful use of process (Dragonetti}, abuse of process, legal fees for defeating the original PHIC claim and defamation dismissed.I am happy to report that the Court has OVERRULED PHIC's objections to the main counts in the InterNACHI complaint, namely, wrongful use of process, abuse of process and defamation. The Court sustained PHIC's objections to InterNACHI's claim for attorneys fees in its defense of the earlier PHIC lawsuit, stating that those fees could be recovered as an element of damages in InterNACHI's Dragonetti count and not as a separate cause of action.So, it was a clean sweep for InterNACHI on this portion of the litigation. The Court has ordered PHIC to respond to InterNACHI's complaint by January 23, 2006.
If you have any questions, please call.Joseph A. Ferry
Attorney at Law
Two Penn Center Plaza
Philadelphia, PA 19102215-854-6444 tel.