COM., DPW v. MARYLAND CAS. CO.


164 Pa.Commw. 301 (1994)

643 A.2d 139

COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Appellant, v. MARYLAND CASUALTY COMPANY c/o John Burger.

Commonwealth Court of Pennsylvania.

Decided May 24, 1994.

Reargument Denied July 20, 1994.

As Corrected August 3, 1994.


Attorney(s) appearing for the Case

Jason W. Manne, Asst. Counsel, for appellant.

Kristen L. Beech, for appellee.

Before DOYLE, and FRIEDMAN, JJ., and LORD, Senior Judge.


FRIEDMAN, Judge.

The Department of Public Welfare (DPW) appeals from an order of the Court of Common Pleas of Dauphin County granting Maryland Casualty Company's motion for judgment on the pleadings on grounds that DPW's suit against Maryland Casualty Company was barred by the statute of limitations. We affirm.

The facts of this case as set forth in the complaint are as follows: On August 7, 1985, while covered by a no-fault

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