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NEWKIRK v. UNITED SERV. AUTO. ASS'N

388 Pa.Super. 54 (1989)

564 A.2d 1263

Sandra C. NEWKIRK, Appellant, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Charles G. Newkirk.

Supreme Court of Pennsylvania.

Filed August 8, 1989.

Reargument Denied October 20, 1989.

Attorney(s) appearing for the Case

Mark H. Scoblionko, Allentown, for appellant.

Eugene J. Maginnis, Philadelphia, for United Services, appellee.

Before CIRILLO, President Judge, and ROWLEY and HESTER, JJ.

CIRILLO, President Judge:

The issue presented in this appeal is whether a "class one" beneficiary,1 who was injured in a motor vehicle accident involving only the insured's vehicle, is precluded from recovering both liability and underinsured motorist coverage under an automobile insurance policy which excludes family-owned vehicles from the definition of underinsured vehicles.

Appellant, Sandra C. Newkirk, was riding as a passenger...

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