NYE v. ERIE INS. EXCHANGE


349 Pa.Super. 490 (1986)

503 A.2d 954

C. William NYE, Jr., Individually and as Administrator of the Estate of Karen L. Nye, Deceased, and all Others Similarly Situated, Appellants, v. ERIE INSURANCE EXCHANGE; Aetna Casualty and Surety Company; Allstate Insurance Company; American States Insurance Company; CNA Insurance Company; Commercial Union Assurance Company; Donegal Mutual Insurance Company; Employer's Insurance of Wausau; Fireman's Fund Insurance Companies; General Accident Group; Harleysville Insurance Company; Hartford Insurance Group; Home Insurance Company; Insurance Company of North America; Kemper Insurance Company; Keystone Insurance Company; Liberty Mutual Insurance Company; Maryland Casualty Company; Motorists Insurance Company; Nationwide Mutual Insurance Company; Ohio Casualty Insurance Company; Pennsylvania National Insurance Group; the Prudential Insurance Company of America; Royal-Globe Insurance Company; Safeco Insurance Company; Shelby Mutual Insurance Company; State Automobile Mutual Insurance Company; Statesman Group; State Farm Mutual Automobile Insurance Company; Travelers Insurance Companies; United States Fidelity and Guaranty Company.

Supreme Court of Pennsylvania.

Filed January 24, 1986.


Attorney(s) appearing for the Case

Richard C. Angino, Harrisburg, for Nye, appellants.

Clyde W. McIntyre, Pittsburgh, for Erie Ins., appellees.

Before WICKERSHAM, CIRILLO and JOHNSON, JJ.


JOHNSON, Judge:

Appellant, C. William Nye, is the administrator of the estate of Karen L. Nye, who was killed in an automobile accident in Swatara Township on December 21, 1978. Nye filed a class action suit in the Court of Common Pleas of Dauphin County against Appellee, Erie Insurance Exchange, and several other insurance carriers seeking post-mortem no-fault benefits for lost wages as provided for under the Pennsylvania No-fault Motor Vehicle Insurance

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