WOLGEMUTH v. HARLEYSVILLE MUT. INS. CO.


370 Pa.Super. 51 (1988)

535 A.2d 1145

Galen H. WOLGEMUTH, Administrator of the Estate of Gail M. Wolgemuth, Appellant, and Todd W. Hummel, Appellee, v. HARLEYSVILLE MUTUAL INSURANCE CO. and Ross J. Spera and Quentin Riding Club, Erie Insurance Exchange, Ohio Casualty Insurance Co. and Aetna Life & Casualty Company, Appellees.

Supreme Court of Pennsylvania.

Filed January 11, 1988.


Attorney(s) appearing for the Case

Kenneth C. Sandoe, Myerstown, for appellant.

Alexander Kerr, Philadelphia, for Harleysville, appellee.

Before CIRILLO, President Judge, and BROSKY, ROWLEY, WIEAND, McEWEN, OLSZEWSKI, BECK, TAMILIA and JOHNSON, JJ.


McEWEN, Judge:

We here provide en banc review of whether a guest passenger, who is a covered person under the terms of a policy of motor vehicle insurance applicable to the host vehicle, and who is injured in a single vehicle accident, may recover underinsurance benefits under the policy of insurance applicable to the host vehicle, when that passenger has already received the limits of the liability coverage under that same policy.

This declaratory judgment...

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