BOOTHBY v. METROPOLITAN INS. CO.


382 Pa.Super. 251 (1989)

555 A.2d 166

Jean BOOTHBY, Individually and as Administratrix of the Estate of Robert Boothby, Deceased, Appellant, v. METROPOLITAN INSURANCE COMPANY and State Farm Insurance Company, Appellees.

Supreme Court of Pennsylvania.

Filed March 6, 1989.


Attorney(s) appearing for the Case

Gary P. Heslin, Philadelphia, for appellant.

James Bielunas, Philadelphia, for Metropolitan, appellee.

Michael Saltzburg, Philadelphia, for State Farm, appellee.

Before ROWLEY, WIEAND and BECK, JJ.


WIEAND, Judge:

The issue in this appeal is whether liability limiting provisions in two overlapping policies of insurance providing coverage for the same automobile are invalid because contrary to the provisions of the Pennsylvania No-fault Motor Vehicle Insurance Act of July 19, 1974, P.L. 489, No. 176, 40 P.S. § 1009.101 et seq., repealed by the Act of February 12, 1984, P.L. 26, No. 11, § 8(a), effective October 1, 1984.

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