MARROQUIN v. MUTUAL BENEFIT INSURANCE CO.

No. 2638-S-1989.

5 Pa. D. & C. 4th 7 (1990)

Marroquin v. Mutual Benefit Insurance Company

Common Pleas Court of Dauphin County, Pennsylvania.

January 17, 1990.


Attorney(s) appearing for the Case

Jonathan M. Crist, for plaintiff.

Peter J. Speaker, for defendant.


DOWLING, J., January 17, 1990.

The resolution of this declaratory-judgment action in which both parties have moved for summary judgment turns upon the applicability of the "family-car exclusion."

Plaintiff Jose Marroquin was seriously injured when his brother Jorge struck him with his car. The boys had stopped to urinate, and Jorge, after relieving himself, apparently forgot Jose was still outside, started the car and ran over him.

Jorge's vehicle...

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