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ERIE INS. EXCHANGE v. FLEAGLE

285 Pa.Super. 310 (1981)

427 A.2d 651

ERIE INSURANCE EXCHANGE, Donald L. Tappan, and Borough of Camp Hill, Appellants, v. Kenneth P. FLEAGLE, Pauline Fleagle, West American Insurance Co., PMA Insurance Company, and L.B. Smith, Inc.

Superior Court of Pennsylvania.

Filed January 23, 1981.

Reargument Denied April 24, 1981.

Petition for Allowance of Appeal Denied June 30, 1981.

Attorney(s) appearing for the Case

Clyde W. McIntyre, Harrisburg, for appellants.

Craig Stone, Harrisburg, for appellees.

Before PRICE, WATKINS and HOFFMAN, JJ.

HOFFMAN, Judge:

Appellants in this declaratory judgment action contend that the lower court erred in concluding that appellee Kenneth P. Fleagle was not a "victim" as defined by the Pennsylvania No-fault Motor Vehicle Insurance Act1 and thus not entitled to basic loss benefits provided by that Act. Appellants additionally raise several related contentions involving the rights and liabilities of the parties. For the reasons which follow...

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