OCHS v. ERIE INS. EXCHANGE


390 Pa.Super. 419 (1990)

568 A.2d 971

Lisa D. OCHS, Appellee, v. ERIE INSURANCE EXCHANGE, Appellant, v. PENNSYLVANIA CATASTROPHIC LOSS TRUST FUND, Appellee.

Supreme Court of Pennsylvania.

Filed January 19, 1990.


Attorney(s) appearing for the Case

Herbert N. Rosenberg, Pittsburgh, for appellant.

Arthur Selikoff, Harrisburg, for Pennsylvania Catastrophic Loss, appellee.

Neil R. Rosen, Pittsburgh, for Ochs, appellee.

Before WIEAND, TAMILIA and HESTER, JJ.


WIEAND, Judge:

The issue in this appeal is whether an insurance company which has insured an injured plaintiff under two policies, one issued pursuant to the Motor Vehicle Financial Responsibility Law and the other pursuant to the Pennsylvania No-fault Motor Vehicle Insurance Law, can elect to pay benefits only under the former policy which has a limit of $100,000.00 and thereby avoid liability for monetarily unlimited medical expenses under the No-fault policy.<...

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