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WAGNER v. NATIONAL INDEM. CO.

492 Pa. 154 (1980)

422 A.2d 1061

Mary P. WAGNER, Administratrix of the Estate of Edward S. Wagner, Jr., Deceased, Appellant, v. NATIONAL INDEMNITY COMPANY.

Supreme Court of Pennsylvania.

Decided September 22, 1980.

Reargument Denied December 19, 1980.

Attorney(s) appearing for the Case

Neil J. Rovner, Harrisburg, for appellant.

Robert P. Reed, Harrisburg, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

O'BRIEN, Chief Justice.

The facts of the instant case are not in dispute. Edward S. Wagner, deceased, was a truck driver for Shreiner Trucking Company. The decedent was killed on January 26, 1977, when a company-owned tractor-trailer he was driving ran off the road and overturned. At the time of the accident, decedent did not own a car and thus, had no insurance of his own. Because the accident occurred during the course of decedent...

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