Appeal from judgment of Court of Common Pleas of Dauphin County, March T., 1965, No. 297, in case of Wayne E. Demmery et al. v. National Union Fire Insurance Company.
Clyde W. McIntyre, with him Hurwitz, Klein, Meyers & Benjamin, for appellants.
David C. Eaton, with him W. E. Shissler, and Nauman, Smith, Shissler & Hall, for appellee.
George H. Hafer, William H. Wood, and Metzger, Hafer, Keefer, Thomas and Wood, for amicus curiae.
Robert R. Rice, Samuel A. Schreckengaust, Jr., and McNees, Wallace & Nurick, for amici curiae.
William A. Goichman, with him Leonard Sagot, for amicus curiae.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Watkins, J.
[ 210 Pa. Super. Page 194]
This is an appeal from a judgment entered on the pleadings, by the Court of Common Pleas of Dauphin
[ 210 Pa. Super. Page 195]
County, in favor of the defendant-appellee, National Union Fire Insurance Company and against the plaintiffs-appellants, Wayne E. Demmery and Robert Rivetti. The matter was before the court below on motions by both parties for judgment on the pleadings. The court below aptly stated the issue involved as follows:
"The question involved is the right of an insurance company, in a policy in which medical payment coverage is one of the risks, to provide that upon making such medical payments to the insured or his guest passengers the company shall be subrogated to the rights of the insured or the person receiving such payments. Plaintiffs take the position that such provision in a policy of insurance is against public policy and void and that the company must make the medical payments regardless of the fact that the insured or other beneficiary has recovered from the tortfeasor and has given him a release, thus making it impossible for the company to be subrogated.
"The defendant company on the other hand avers that the subrogation provision in the policy is valid; not contrary to public policy; and that since the plaintiffs cannot and will not execute the required agreement of subrogation the company need ...