PAXTON NAT. INS. CO. v. BRICKAJLIK


513 Pa. 627 (1987)

522 A.2d 531

PAXTON NATIONAL INSURANCE COMPANY, Appellant, v. William BRICKAJLIK, ind. t/a Brick's Farm Market, Appellee.

Supreme Court of Pennsylvania.

Decided March 11, 1987.


Attorney(s) appearing for the Case

John S. Thome, Jr., Doylestown, for appellant.

Nino V. Tinari, Mark D. Muncello, Philadelphia, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.


OPINION OF THE COURT

FLAHERTY, Justice.

We granted the petition for allowance of appeal of Paxton National Insurance Company to consider whether, after an insured refuses to sign a third party complaint, an insurer should be allowed to recover benefits previously paid to the insured under an insurance policy.

The insured is appellee, Mr. William Brickajlik, the owner of a truck which was stolen while in the possession of a service station. Based...

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