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CUNNINGHAM v. WORLD MUTUAL HEALTH & ACCIDENT INSURANCE CO. (06/11/64)

June 11, 1964

CUNNINGHAM
v.
WORLD MUTUAL HEALTH & ACCIDENT INSURANCE CO., APPELLANT.



Appeals, Nos. 51 and 52, April T., 1964, from judgments of Court of Common Pleas of Westmoreland County, July T., 1962, no. 640, and Jan. T., 1962, No. 825, in cases of John B. Cunningham et ux. v. World Mutual Health & Accident Insurance Co. of Pennsylvania; and Joseph Beluch et ux. v. Same. Judgments affirmed.

COUNSEL

James E. Meneses, with him William F. Caruthers, for appellant.

Charles H. Loughran, with him Loughran and Loughran, for appellees.

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

Author: Watkins

[ 203 Pa. Super. Page 353]

OPINION BY WATKINS, J.

These are appeals from the judgments of the Court of Common Pleas of Westmoreland County in actions of assumpsit on public school accident insurance policies, in favor of John B. Cunningham and Dorothy Cunningham, his wife, and Joseph Beluch and Dora Beluch, his wife, the plaintiffs-appellees, and against World Mutual Health & Accident Insurance Co. of Pennsylvania, the defendant-appellant; and from the refusal, by the court below, of the motion for a new trial.

The actions were brought by the parents of Diana Beluch and Susan Kathleen Cunningham, both deceased, who were killed as a result of an automobile accident on their way home from school. The policy provided a fifteen hundred dollar coverage. The actions were first brought before arbitrators. Each arbitration board awarded judgment in favor of the plaintiffs. Onappeal, the cases were consolidated and tried without a jury before Judge EARL S. KEIM, who awarded verdicts in favor of the plaintiffs. The motion for a new trial was denied after argument before the court en banc.

The pertinent portion of the policy in question reads as follows:

"(2) Traveling directly and uninterruptedly to or from the insured's residence, as defined herein, and the

[ 203 Pa. Super. Page 354]

    school for regular school sessions, for such travel time as is required, but not to exceed one hour before school begins and not more than one hour after school is dismissed, or if additional travel time on the school bus is required, coverage hereunder shall extend for such additional travel time that might be necessary."

The plaintiffs' daughters were fatally injured while riding in an automobile driven by another high school student while on their way home from school. On the day of the accident the five girls who were riding in a private car were high school seniors who had arranged to have their school pictures taken on that day. Each of the students involved had permission of parents to use private transportation on this particular day. The school authorities obtained this permission from the parents of the students involved. The girls who were riding in the car at the time of the ...


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