ALESSANDRO v. STATE FARM MUT. AUTO. INS.


259 Pa.Super. 571 (1978)

393 A.2d 973

Carl ALESSANDRO, Sr., Appellant at No. 111, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Appellant at Nos. 122, 123, 124 and 125.

Superior Court of Pennsylvania.

Decided November 1, 1978.


Attorney(s) appearing for the Case

Daniel M. Berger, Pittsburgh, with him Michael P. Malakoff, Pittsburgh, for appellant at No. 111, and appellee at Nos. 122, 123, 124, and 125.

George M. Weis, Pittsburgh, with him Weis & Weis, Pittsburgh, for appellant at Nos. 122, 123, 124, and 125, and appellee at No. 111.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


Opinion of the Court

CERCONE, Judge:

Plaintiff brought this class action on behalf of all persons insured with the defendant insurance company whose uninsured motorist coverage payments had been reduced by set-offs equal to amounts paid by the company under medical payments coverage. The class excepted those whose claims were barred by the statute of limitations.

A clause customarily included in the insurance policies issued by defendant allows payments...

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