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BUMBERGER v. COM., INS. DEPT.

536 Pa. 169 (1994)

638 A.2d 948

Kevin BUMBERGER, Appellant, v. COMMONWEALTH of Pennsylvania, INSURANCE DEPARTMENT. Michael SMEARMAN, Appellant, v. COMMONWEALTH of Pennsylvania, INSURANCE DEPARTMENT. Patricia R. YOUNG, Appellant, v. COMMONWEALTH of Pennsylvania, INSURANCE DEPARTMENT.

Supreme Court of Pennsylvania.

Decided March 9, 1994.

Attorney(s) appearing for the Case

Edwin P. Smith, Philadelphia, for Kevin Bumberger.

Richard C. Angino, Harrisburg, amicus in support of appellants, Pennsylvania Trial Lawyers Ass'n.

Sharon M. Profeta, Stephen F. Capone, Pittsburgh, for Michael Smearman.

David M. Landay, Pittsburgh, for Patricia R. Young.

Preston M. Buckman, Harrisburg, Heidi B. Hamman Shakely, Camp Hill, for Com. Ins. Dept.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION

ZAPPALA, Justice.

This appeal involves three cases consolidated in the Commonwealth Court for review of a common question, whether the Insurance Commissioner properly interpreted Act 4 of 1989, 75 Pa.C.S. § 1798.2, in denying catastrophic loss benefits. We affirm.

Kevin Bumberger was riding a bicycle in Bucks County on June 1, 1989, when he was struck by a car. The car was registered in New Jersey but was being operated by a Pennsylvania...

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