SMITH v. HARLEYSVILLE INS. CO.


275 Pa.Super. 246 (1980)

418 A.2d 705

Brenda SMITH, Appellant, v. HARLEYSVILLE INSURANCE COMPANY.

Superior Court of Pennsylvania.

Filed February 22, 1980.

Reargument Denied April 29, 1980.

Petition for Allowance of Appeal Granted December 2, 1980.


Attorney(s) appearing for the Case

Allen L. Feingold, Philadelphia, for appellant.

Donald B. Scace, Jr., Philadelphia, for appellee.

Before PRICE, VAN der VOORT and WIEAND, JJ.


WIEAND, Judge:

The issue in this appeal is whether an insurance company which improperly refuses to pay benefits under the Pennsylvania No Fault Motor Vehicle Insurance Act becomes liable for punitive damages. The trial court sustained the insurer's preliminary objections and dismissed a count of the complaint which requested an award for punitive damages. The plaintiff appealed.

Brenda Smith alleged that...

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