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King v. Liberty Mutual Insurance

Brian I. KING, Individually and/or as Administrator of the Estate of David J.I. King, and on Behalf of All Members of a Class of Individuals Similarly Situated v. LIBERTY MUTUAL INSURANCE COMPANY

King v. Liberty Mut. Ins., 456 A.2d 223 (Pa. Super. Ct. 1983)
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Court
Superior Court of Pennsylvania · State Appellate Courts
Decided
February 18, 1983
Docket
No. 2844
Judges
Cirillo, Hester, Johnson
Citations
456 A.2d 223310 Pa. Super. 1411983 Pa. Super. LEXIS 2606

Opinion of the Court — Hester

Text extracted by OCR from a scanned original; check the original for exact wording.

HESTER, Judge:

Appellant, Brian I. King, as Administrator of the Estate of his deceased son, David King, brought a suit in assumpsit against the appellee, Liberty Mutual Insurance Company. This action evolved from an automobile accident in which appellant’s son was fatally injured when an automobile in which he was a passenger struck a utility pole. Since the appellant’s deceased son was listed as an insured under a policy issued by the appellee to the appellant, appellant’s complaint includes an allegation that appellant has been denied work loss benefits pursuant to the provision of the insurance policy and the Pennsylvania No-fault Motor Vehicle Insurance Act. In response to appellant’s suit, appellee filed a motion for judgment on the pleadings which was granted by the lower court on October 23, 1981. It is from this Order that the appellant files this appeal.

The issue presented is whether the estate of a deceased victim is entitled to recover work loss benefits under our No-fault Act. Our court, recently sitting en banc, decided this issue in Freeze v. Donegal Mutual Insurance Company, 301 Pa.Super. 344 , 447 A.2d 999 (1982) (Hester, J., Dissenting). The majority of our court held that the estate of a deceased victim is entitled to recover work loss benefits under the No-fault Act.

The order is therefore reversed and the case remanded for disposition not inconsistent with this opinion.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1983: 11984: 11987: 119832026peak 1983 · 1

Relies on it most ⓘ

  1. McQuaide v. United States Fidelity & Guaranty Co.466 A.2d 643 (Pa. Super. Ct. 1983)
  2. Olah v. Erie Insurance31 Pa. D. & C.3d 595 (1984)
  3. In re the Interest of C.K.535 A.2d 634 (Pa. 1987)

Most recent

  1. In re the Interest of C.K.535 A.2d 634 (Pa. 1987)
  2. Olah v. Erie Insurance31 Pa. D. & C.3d 595 (1984)
  3. McQuaide v. United States Fidelity & Guaranty Co.466 A.2d 643 (Pa. Super. Ct. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Freeze v. Donegal Mut. Ins., 447 A.2d 999 (Pa. 1982) 70

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