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DZURKO v. PILOT LIFE INSURANCE COMPANY (06/15/61)

June 15, 1961

DZURKO
v.
PILOT LIFE INSURANCE COMPANY, APPELLANT.



Appeal, No. 13, April T., 1961, from judgment of Court of Common Pleas of Washington County, May T., 1958, No. 292, in case of Joseph Dzurko et al. v. Pilot Life Insurance Company. Judgment affirmed.

COUNSEL

Stephen D. Marriner, with him McCreight, Marriner & McCreight, for appellant.

Paul N. Barna, with him Barna & Barna, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Watkins

[ 195 Pa. Super. Page 268]

OPINION BY WATKINS, J.

This is an appeal from the judgment of the Court of Common Pleas of Washington County, in an action of assumpsit on a public school accident insurance policy, in favor of Joseph Dzurko and Mary Dzurko, the insured appellees, and against Pilot Life Insurance Company, the appellant; and from the refusal of the court below to grant judgment non obstante veredicto.

The action was brought by the parents of Joseph Dzurko, Jr., a minor, and a student at Charleroi Borough School District, for injuries sustained as a result of an accident on a public street in Charleroi, between an automobile and a bicycle on which he was riding.

At the time of the accident he was insured under a scholastic group accident insurance policy, the pertinent coverage provisions of which read as follows:

[ 195 Pa. Super. Page 269]

"(2) traveling directly between home and school for the purpose of attending or returning from regularly scheduled classes, but only if such travel occurs within one hour before the commencement of the day's school session or within one hour after dismissal from school, or while traveling in a school bus between home and school for the purpose of attending or returning from regularly scheduled classes."

The stipulated facts are as follows: "On the day of the accident, the insured student started to walk toward his home, which was located approximately fifteen hundred feet northwest of the school. He then met a friend who asked him to accompany the friend on an errand to a downtown store. The boys were en route on the friend's bicycle toward the store, which is located approximately fifteen hundred feet east of the school, when, at a point approximately seven hundred fifty feet east of the school, the bicycle collided with an automobile and the insured sustained the injuries for which indemnity is claimed. The accident occurred within one hour after dismissal from school." The boy intended to proceed home after helping his friend do his shopping.

The case was first submitted and heard by a board of arbitration, which returned an award in favor of the appellant. On appeal to the Court of Common Pleas it was tried by a jury before Judge WEINER and at the close of the appellant's case, a motion for a compulsory non-suit and a point for binding instructions were refused. A motion for a directed verdict for the appellees was granted by the trial judge. A motion for judgment n.o.v. was denied by the court en banc, consisting of ...


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