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MITCHELL v. TRAVELERS INS. CO.

372 Pa.Super. 105 (1988)

538 A.2d 1372

Twila J. MITCHELL, Mother and Natural Guardian of Carl R. Mitchell, a minor, v. TRAVELERS INSURANCE COMPANY and Public Service Mutual Insurance Company. Appeal of TRAVELERS INSURANCE COMPANY.

Supreme Court of Pennsylvania.

Filed March 16, 1988.

Petition for Allowance of Appeal Granted August 31, 1988.

Attorney(s) appearing for the Case

William J. Begley, Pittsburgh, for appellant.

Louis C. Long, Pittsburgh, for appellee.

Before WIEAND, MONTEMURO and POPOVICH, JJ.

WIEAND, Judge:

In the event that an uninsured pedestrian is struck and injured by a motorcycle, is it the insurer of the motorcycle or the Assigned Claims Plan carrier which is required to pay basic loss benefits pursuant to the Pennsylvania No-fault Motor Vehicle Insurance Act?1 The trial court held that it was the Assigned Claims Plan carrier. We conclude that this was error and that the insurer of the motorcycle is liable for no-fault...

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