GOLL v. INSURANCE CO. OF NORTH AMERICA


417 Pa.Super. 46 (1992)

611 A.2d 1255

Lillian P. GOLL, Administratrix of the Estate of Harriet H. Boyles, Deceased, Lilly A. Stancliff, Administratrix of the Estate of Eileen J. White, Deceased, Audrey Gardone, Administratrix of the Estate of Melinda L. Gardone, Deceased, and Holly A. Gardone, Deceased, Kathy S. Munro, Administratrix of the Estate of Randy A. White, Deceased and all Others Similarly Situated v. INSURANCE COMPANY OF NORTH AMERICA. Appeal of Kathy S. MUNRO, Administratrix of the Estate of Randy A. White, Deceased. Lillian P. GOLL, Administratrix of the Estate of Harriet H. Boyles, Deceased, Lilly A. Stancliff, Administratrix of the Estate of Eileen J. White, Deceased, Audrey Gardone, Administratrix of the Estate of Melinda L. Gardone, Deceased, and Holly A. Gardone, Deceased, Kathy S. Munro, Administratrix of the Estate of Randy A. White, Deceased and all Others Similarly Situated v. INSURANCE COMPANY OF NORTH AMERICA. Appeal of Lillian P. GOLL, Administratrix of the Estate of Harriet H. Boyles, Deceased. Lillian P. GOLL, Administratrix of the Estate of Harriet H. Boyles, Deceased, Lilly A. Stancliff, Administratrix of the Estate of Eileen J. White, Deceased, Audrey Gardone, Administratrix of the Estate of Melinda L. Gardone, Deceased, and Holly A. Gardone, Deceased, Kathy S. Munro, Administratrix of the Estate of Randy A. White, Deceased and All Others Similarly Situated v. INSURANCE COMPANY OF NORTH AMERICA. Appeal of Lilly A. STANCLIFF, Administratrix of the Estate of Eileen J. White, Deceased. Lillian P. GOLL, Administratrix of the Estate of Harriet H. Boyles, Deceased, Lilly A. Stancliff, Administratrix of the Estate of Eileen J. White, Deceased, Audrey Gardone, Administratrix of the Estate of Melinda L. Gardone, Deceased, and Holly A. Gardone, Deceased, Kathy S. Munro, Administratrix of the Estate of Randy A. White, Deceased and All Others Similarly Situated v. INSURANCE COMPANY OF NORTH AMERICA. Appeal of Rita GEIGER, Administratrix of the Estate of Jerome Geiger, Deceased. Lillian P. GOLL, Administratrix of the Estate of Harriet H. Boyles, Deceased, Lilly A. Stancliff, Administratrix of the Estate of Eileen J. White, Deceased, Audrey Gardone, Administratrix of the Estate of Melinda L. Gardone, Deceased, and Holly A. Gardone, Deceased, Kathy S. Munro, Administratrix of the Estate of Randy A. White, Deceased and all Others Similarly Situated v. INSURANCE COMPANY OF NORTH AMERICA. Appeal of Michael J. MARINO, Administrator of the Estate of Michael Marino, Deceased and Margaret Marino, Deceased. Lillian P. GOLL, Administratrix of the Estate of Harriet H. Boyles, Deceased, Lilly A. Stancliff, Administratrix of the Estate of Eileen J. White, Deceased, Audrey Gardone, Administratrix of the Estate of Melinda L. Gardone, Deceased, and Holly A. Gardone, Deceased, Kathy S. Munro, Administratrix of the Estate of Randy A. White, Deceased and all Others Similarly Situated v. INSURANCE COMPANY OF NORTH AMERICA. Appeal of Audrey GARDONE, Administratrix of the Estate of Melinda L. Gardone, Deceased. Lillian P. GOLL, Administratrix of the Estate of Harriet H. Boyles, Deceased, Lilly A. Stancliff, Administratrix of the Estate of Eileen J. White, Deceased, Audrey Gardone, Administratrix of the Estate of Melinda L. Gardone, Deceased, and Holly A. Gardone, Deceased, Kathy S. Munro, Administratrix of the Estate of Randy A. White, Deceased and all Others Similarly Situated v. INSURANCE COMPANY OF NORTH AMERICA. Appeal of Joanne WELLS, Administratrix of the Estate of Richard Wells, Deceased. Lillian P. GOLL, Administratrix of the Estate of Harriet H. Boyles, Deceased, Lilly A. Stancliff, Administratrix of the Estate of Eileen J. White, Deceased, Audrey Gardone, Administratrix of the Estate of Melinda L. Gardone, Deceased, and Holly A. Gardone, Deceased, Kathy S. Munro, Administratrix of the Estate of Randy A. White, Deceased and all Others Similarly Situated v. INSURANCE COMPANY OF NORTH AMERICA, Rita Geiger, Administratrix of the Estate of Jerome T. Geiger, Deceased, Intervenor. Lillian P. GOLL, Administratrix of the Estate of Harriet H. Boyles, Deceased, Lilly A. Stancliff, Administratrix of the Estate of Eileen J. White, Deceased, Audrey Gardone, Administratrix of the Estate of Melinda L. Gardone, Deceased, and Holly A. Gardone, Deceased, Kathy S. Munro, Administratrix of the Estate of Randy A. White, Deceased and all Others Similarly Situated v. INSURANCE COMPANY OF NORTH AMERICA, Michael J. Marino, Administrator of the Estate of Michael Marino and Margaret Marino, Deceased, Intervenor. Lillian P. GOLL, Administratrix of the Estate of Harriet H. Boyles, Deceased, Lilly A. Stancliff, Administratrix of the Estate of Eileen J. White, Deceased, Audrey Gardone, Administratrix of the Estate of Melinda L. Gardone, Deceased, and Holly A. Gardone, Deceased, Kathy S. Munro, Administratrix of the Estate of Randy A. White, Deceased and all Others Similarly Situated v. INSURANCE COMPANY OF NORTH AMERICA, Joanne F. Wells, Administratrix of the Estate of Richard S. Wells, Deceased, Intervenor.

Superior Court of Pennsylvania.

Filed June 30, 1992.

Reargument Denied September 11, 1992.


Attorney(s) appearing for the Case

Pamela G. Shuman, Harrisburg, for appellants (in Nos. 14, 15, 16, 17, 18, 19 and 20), and for intervenors (in Nos. 52, 53 and 54).

Carl A. Solano, Philadelphia, for appellant (in Nos. 52, 53 and 54), and for appellee (in Nos. 14, 15, 16, 17, 18, 19 and 20).

Before WIEAND, MONTEMURO and KELLY, JJ.


MONTEMURO, Judge:

This consolidated appeal lies from an Order granting the motion for summary judgment of appellee, Insurance Company of North America (INA). Appellants, all representatives of the estates of individuals killed in motor vehicle accidents,1 brought this class action suit2 on behalf of themselves and others seeking to recover work loss benefits under the now repealed No-fault Motor Vehicle Insurance...

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