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CARR v. ERIE INS. CO.

342 Pa.Super. 429 (1985)

493 A.2d 97

Saundra CARR v. ERIE INSURANCE COMPANY, Appellant.

Supreme Court of Pennsylvania.

Filed May 17, 1985.

Attorney(s) appearing for the Case

David M. McCormick, Philadelphia, for appellant.

James D. Rosen, Philadelphia, for appellee.

Before BECK, POPOVICH and TROMMER, JJ.

BECK, Judge:

The issue in this appeal is whether an insured who elected to make her basic loss benefits under the No-Fault Motor Vehicle Insurance Act1 excess insurance to the primary medical insurance provided by her health maintenance organization ("HMO") may recover the full amount of medical expenses from her no-fault (excess) carrier when she voluntarily chose to obtain medical treatment from non-HMO physicians. We hold that such...

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