HAYES v. ERIE INS. EXCHANGE


261 Pa.Super. 171 (1978)

395 A.2d 1370

Angela M. HAYES, Appellant at 505, v. ERIE INSURANCE EXCHANGE, Appellant at 487.

Superior Court of Pennsylvania.

Decided December 20, 1978.


Attorney(s) appearing for the Case

T. Warren Jones, Erie, for appellant at No. 487, and appellee at No. 505.

Joseph A. Yochim, Erie, for appellee at No. 487, and appellant at No. 505.

Before CERCONE, HOFFMAN and WIEAND, JJ.


WIEAND, Judge:

An action in assumpsit was brought by Angela M. Hayes, appellee herein, against Erie Insurance Exchange, appellant, to recover benefits under the Pennsylvania No-fault Motor Vehicle Insurance Act of July 19, 1974, P.L. 489, No. 176, 40 P.S. § 1009.101 et seq. The trial court entered summary judgment holding that basic loss benefits were recoverable against the insurer. The court refused, however, to make an award of counsel fees to appellee. When...

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