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WINTERBERG v. TRANSPORTATION INS. CO.

No. 95-1206.

72 F.3d 318 (1995)

Patricia WINTERBERG; James Winterberg, Individually and as Husband and Wife, Plaintiffs/Appellants, v. TRANSPORTATION INSURANCE COMPANY t/a CNA Insurance Company, Defendant/Appellee.

United States Court of Appeals, Third Circuit.

Decided December 14, 1995.

Attorney(s) appearing for the Case

James T. Vernile (argued), Philadelphia, PA, and Carole L. McHugh, North Hills, PA, for Appellants.

Leslie Martinelli Cyr (argued), Susan Silverman Riechelson, LaBrum & Doak, Philadelphia, PA, for Appellee.

Before: GREENBERG, LEWIS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The Pennsylvania state legislature, in 1915, enacted its first Workmen's Compensation Act ("the Act") in response to strong public sentiment. It was a humanitarian measure providing no-fault compensation to substantially all workers for injuries sustained during the course of employment. The primary purpose of the legislation was to substitute a method of accident insurance in place of common

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