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PANICHELLI v. LIBERTY MUT. INS. GROUP

543 Pa. 114 (1996)

669 A.2d 930

Anthony J. PANICHELLI, Appellee, v. LIBERTY MUTUAL INSURANCE GROUP, Appellant.

Supreme Court of Pennsylvania.

Decided January 18, 1996.

Attorney(s) appearing for the Case

John P. Baginski, J. Eric Barchiesi, Pittsburgh, for Liberty Mutual.

Michael E. Kennedy, Pittsburgh, for A. Panichelli.

Stephen M. Greecher, Jr., Lewistown, for amicus curiae.

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

OPINION

CAPPY, Justice.

This appeal presents us with an issue of first impression: whether sick pay and social security benefits received by an insured should be deducted by an insurer in calculating the insured's "actual loss of gross income" under section 1712(2) of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL).1 We conclude, for the reasons which follow, that the insurer may not make such deductions in...

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