HARLEYSVILLE MUT. INS. CO. v. SMITH


352 Pa.Super. 174 (1986)

507 A.2d 828

HARLEYSVILLE MUTUAL INSURANCE COMPANY, Appellant, v. Joseph SMITH, Appellee.

Supreme Court of Pennsylvania.

Filed March 27, 1986.

Reargument Denied May 2, 1986.


Attorney(s) appearing for the Case

Kenneth D. Powell, Philadelphia, for appellant.

Allen L. Feingold, Philadelphia, for appellee.

Before CAVANAUGH, OLSZEWSKI and TAMILIA, JJ.


OLSZEWSKI, Judge:

This matter comes before this Court on appeal from an order of the lower court vacating and striking the order of November 30, 1984, and granting summary judgment in favor of appellee. The present action is brought pursuant to 40 P.S. Sec. 1009.501 of the Pennsylvania No-Fault Motor Vehicle Insurance Act.

On October 8, 1977, Mrs. Smith, the passenger in a car driven by her husband the appellee, was injured in an automobile accident. Since...

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