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INSURANCE DEPT. OF COM. v. ALLSTATE INS.

896 A.2d 1 (2006)

The INSURANCE DEPARTMENT OF the COMMONWEALTH of Pennsylvania and the Catastrophic Loss Benefits Continuation Fund, as successor to the Catastrophic Loss Trust Fund, Plaintiffs v. ALLSTATE INSURANCE COMPANY, Defendant.

Commonwealth Court of Pennsylvania.

Decided March 29, 2006.

Attorney(s) appearing for the Case

Brian H. Simmons, Pittsburgh, for plaintiffs.

Marshall J. Walthew, Philadelphia, for defendant.

BEFORE: SMITH-RIBNER, Judge, COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge COHN JUBELIRER.

This case arises out of a tragic one-car accident, on June 16, 1989, in which then nineteen-year old Charles Barlow (Barlow) suffered catastrophic injuries on State Highway 27 in Cape May County, Middle Township, New Jersey.1 To date, Barlow remains in a vegetative state as the result of severe brain injuries.

At the time of the accident, Barlow was a licensed...

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