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GURLEY v. CITY OF PHILADELPHIA

367 Pa.Super. 538 (1987)

533 A.2d 148

Curtis Leroy GURLEY, Appellant, v. CITY OF PHILADELPHIA (CITY) and Pennsylvania Assigned Claims Plan (PACP) and the Travelers Insurance Company (Travelers), Appellees. Carmen ROBINSON, Appellant, v. TRAVELERS, Appellee.

Supreme Court of Pennsylvania.

Filed November 6, 1987.

Attorney(s) appearing for the Case

Francis X. Dochney, Philadelphia, for Gurley, appellant (at 3207 Philadelphia 1985).

Chad F. Kenney, Philadelphia, for Robinson, appellant (at 528 Philadelphia 1986).

A. Richard Feldman, Philadelphia, for appellees.

Before CIRILLO, President Judge, and BROSKY, ROWLEY, WIEAND, McEWEN, OLSZEWSKI, BECK, TAMILIA and JOHNSON, JJ., en banc.

BECK, Judge:

These are two appeals that were resubmitted after initial argument for consideration by the Court en banc because they both raise the same important issue regarding the proper interpretation of Section 1009.108(a)(1)(E) of the now-repealed No-fault Motor Vehicle Insurance Act, Pa. Stat.Ann. tit. 40 §§ 1009.101-.701 (repealed effective October 1, 1984) (the "No-Fault Act").1

We begin by reciting the pertinent...

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