SAMSEL v. TRAVELERS INDEM. CO.


295 Pa.Super. 188 (1982)

441 A.2d 412

Gary L. SAMSEL, Mason L. Samsel and Joanne A. Samsel, His Wife, Appellants, v. The TRAVELERS INDEMNITY COMPANY, Nationwide Mutual Insurance Company, Universal Underwriters Insurance Company, Pennsylvania Assigned Claims Plan and Assigned Claims Bureau.

Superior Court of Pennsylvania.

Filed February 5, 1982.

Petition for Allowance of Appeal Denied May 6, 1982.


Attorney(s) appearing for the Case

John Arnold Crisman, Berwick, for appellants.

Anthony J. Lumbis, Wilkes-Barre, for Traveler's, Indem. Co., appellee.

Joseph J. Musto, Wilkes-Barre, for Nationwide, Mut. Ins. Co., appellee.

William W. Warren, Jr., Scranton, for Pennsylvania Assigned Claims Plan, appellee.

Before HESTER, CAVANAUGH and VAN der VOORT, JJ.


VAN der VOORT, Judge:

The issues in this case are whether the operator of a motorcycle who was injured in a collision with an automobile covered under the Pennsylvania No-Fault Motor Vehicle Insurance Act, 40 P.S. § 1009.101 et seq., is entitled to recover no-fault benefits from the insurer of the automobile; and if not, whether his exclusion from coverage is constitutional.

The appellant, Gary L. Samsel, was the operator of a motorcycle, and Mason L...

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