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ERIE INS. EXCHANGE v. EISENHUTH

305 Pa.Super. 571 (1982)

451 A.2d 1024

ERIE INSURANCE EXCHANGE v. David EISENHUTH v. James V. McCUMMINS and Dorothy A. McCummins, Appellants. James V. McCUMMINS and Dorothy McCummins, his wife, Appellants, v. David EISENHUTH and Erie Insurance Exchange v. CITY OF NEW CASTLE and Ernest Crawford. James V. McCUMMINS and Dorothy A. McCummins, his wife, Appellants, v. ERIE INSURANCE GROUP, Erie Insurance Company. ERIE INSURANCE EXCHANGE v. David EISENHUTH and James V. McCummins, and Dorothy A. McCummins, Appellants. ERIE INSURANCE EXCHANGE v. David EISENHUTH, Appellant, v. James V. McCUMMINS and Dorothy A. McCummins.

Superior Court of Pennsylvania.

Filed October 15, 1982.

Petition for Allowance of Appeal Denied March 4, 1983.

Attorney(s) appearing for the Case

Dominick Motto, New Castle, for McCummins, appellants and appellees.

Phillip L. Clark, Jr., Ellwood City, for Eisenhuth, appellant and appellee.

Charles Garbett, Ellwood City, for Erie Ins., appellee.

Before PRICE, BROSKY and MONTEMURO, JJ.

BROSKY, Judge:

The issue we decide today is whether a no-fault insurance policy covers injuries suffered by a passenger in an automobile who is shot by a policeman during his pursuit of the driver. We agree with the lower court's conclusion that the policy does not apply to this situation and therefore affirm the orders before us for review.

Appellant McCummins was a passenger in an automobile driven by...

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