MELENDEZ v. PENN. ASSIGNED CLAIMS PLAN


384 Pa.Super. 48 (1989)

557 A.2d 767

Nereida MELENDEZ, Appellant, v. PENNSYLVANIA ASSIGNED CLAIMS PLAN and Travelers Insurance Company. Appeal of Esmaraldo CRUZ and Margaret Hemingway.

Supreme Court of Pennsylvania.

Filed April 20, 1989.


Attorney(s) appearing for the Case

David Deratzian, Philadelphia, for appellant.

Michael Senoyuit, III, Delaware, for appellee.

Before CIRILLO, President Judge, and BECK and KELLY, JJ.


BECK, Judge:

This case presents the issue of whether, under the Financial Responsibility Law, an Assigned Claims Plan insurer may deny a claimant's demand for recovery where the claimant has extinguished the insurer's right to subrogation against a tortfeasor. We find that under these circumstances, the insurer may deny recovery to the claimant.

Appellant Nereida Melendez sustained injuries in an automobile accident on December 14, 1984. On December 12, 1986...

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