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COLLINS v. ALLSTATE INDEM. CO.

426 Pa.Super. 197 (1993)

626 A.2d 1162

Andrew COLLINS, Individually and on Behalf of a Class of All Those Similarly Situated v. ALLSTATE INDEMNITY COMPANY, Appellant. Albert COOPERSMITH, Individually and on Behalf of a Class of All Those Similarly Situated v. COLONIAL PENN INSURANCE COMPANY, Appellant. Lucinda CONYERS, Individually and on Behalf of a Class of All Those Similarly Situated v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant. Clayre ABRAMSON, Individually and on Behalf of a Class of All Those Similar Situated v. LIBERTY MUTUAL INSURANCE COMPANY, Appellant. Albert COOPERSMITH, Ind. and on Behalf of a Class of All Those Similarly Situated v. COLONIAL PENN INSURANCE COMPANY, Appellant. Lucinda CONYERS, Individually and on Behalf of a Class of All Those Similarly Situated v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant. Jean PERSON, Administratrix of the Estate of Andrew Collins, Individually and on Behalf of a Class of All Those Similarly Situated, Appellant, v. ALLSTATE INSURANCE COMPANY. Clayre ABRAMSON, Individually and on Behalf of a Class of All Those Similar Situated v. LIBERTY MUTUAL INSURANCE COMPANY, Appellant. Ann BYRNE and Jane Nole, Executrices of the Estate of Ann Alkins, Individually and on Behalf of a Class of All Those Similarly Situated v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant. Ann BYRNE and Jane Nole, Executrices of the Estate of Ann Alkins, Individually and on Behalf of a Class of All Those Similarly Situated v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant. Elizabeth TUCKER, Ind. and on Behalf of Class of All Those Similarly Situated v. NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant. Elizabeth TUCKER, Ind. and on Behalf of Class of All Those Similarly Situated, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY.

Superior Court of Pennsylvania.

Filed May 5, 1993.

Reargument Denied July 12, 1993.

Attorney(s) appearing for the Case

William T. Barker, Chicago, IL, for appellant (at 69).

Morris M. Shuster, Haverford, for appellants (at 330, 331, 333, 338, 443 and 2257) and appellees (at 69, 125, 146, 185, 332 and 2256).

James T. Moughan, Philadelphia, for appellants (at 125 and 146) and appellee (at 330 and 331).

Alan D. Windt, Philadelphia, for appellee (at 338).

William C. Foster, Philadelphia, for appellee (at 443).

James R. Kahn, Philadelphia, for appellant (at 2256) and appellees (at 2257).

James C. Haggerty, Philadelphia, for appellants (at 332) and appellees (at 333).

Gerard F. Lipsky, Philadelphia, for appellant (at 185).

Before McEWEN, BECK and HESTER, JJ.

BECK, Judge.

The issue in these combined appeals is whether plaintiffs-appellees are entitled to recover no-fault insurance benefits for medical expenses previously paid by Medicare, interest accrued on the unpaid benefits, and attorneys' fees. We affirm the trial court and conclude that plaintiffs-appellees are entitled to the benefits and interest, but not attorneys' fees.

FACTS AND BACKGROUND

Individuals representing classes of similarly situated...

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