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BURNS v. EMPLOYERS' LIABILITY ASSURANCE CORPORATION (04/15/65)

decided: April 15, 1965.

BURNS, APPELLANT,
v.
EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LIMITED



Appeal from order and judgment of Court of Common Pleas of Dauphin County, Sept. T., 1963, No. 590, in case of Robert K. Burns v. The Employers' Liability Assurance Corporation, Limited.

COUNSEL

Gerald T. Sajer, for appellant.

William D. Boswell, with him Compton, Handler, Berman & Boswell, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Hoffman, J.

Author: Hoffman

[ 205 Pa. Super. Page 391]

This is an appeal from a judgment by the court below denying plaintiff-appellant's motion and allowing defendant-appellee's motion for judgment on the pleadings. There is no dispute as to the facts.

This case involves the medical payment provisions of an automobile insurance policy issued by appellee, The Employers' Liability Assurance Corporation, Ltd., to appellant, Robert K. Burns. In this policy appellee agreed in Part II -- Expenses For Medical Services -- Coverage C -- Medical Payments:

"To pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical, x-ray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral services;

Division 1. To or for the named insured and each relative who sustains bodily injury, sickness or disease, including death resulting therefrom, hereinafter called

[ 205 Pa. Super. Page 392]

'bodily injury,' caused by accident, while occupying or through being struck by an automobile; . . .".

Under these provisions appellant was afforded medical expense coverage ...


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