Appeal from judgment of Court of Common Pleas, Civil Division, of Allegheny County, No. A-1316 of 1968, in case of Mary Jane Rhodes, widow of Melvyn Rhodes v. Automotive Ignition Company and Harleysville Insurance Company and Travelers Insurance Company.
Alexander J. Pentecost, with him Ira C. Houck, Jr., for appellant, claimant.
Alexander J. Jaffurs, with him Irwin M. Ringold, for appellant, insurance company.
Herbert Grigsby, with him Thomson, Rhodes & Grigsby, for appellee, defendant.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Hoffman, J.
[ 218 Pa. Super. Page 282]
Melvyn Rhodes, husband of appellant Mary Jane Rhodes, was struck and killed by an uninsured motorist. At the time of the accident Mr. Rhodes was employed as a salesman for appellee Automotive Ignition
[ 218 Pa. Super. Page 283]
Company (employer). Mrs. Rhodes applied for benefits under the uninsured motorist provisions of her husband's automobile insurance policy, written by appellant Harleysville Insurance Co. (Harleysville). As a result of her application, Harleysville settled her claim for $8,000. A release, providing for subrogation to all the assured's rights of recovery, was obtained from Mrs. Rhodes.
Subsequently she applied for widow's benefits under the Workmen's Compensation Act. At the hearings before a referee, Harleysville was allowed to intervene and ask for reimbursement of the $8,000 which it had paid under the terms of its policy.*fn1 The referee made an award to Mrs. Rhodes and granted Harleysville subrogation for the $8,000. Both Mrs. Rhodes and the employer appealed.
The Workmen's Compensation Board found that Mrs. Rhodes' husband was in the course of his employment at the time of the accident. Thus the Board affirmed the referee's award to Mrs. Rhodes. However, the Board allowed the employer an $8,000 credit, which was the amount of the uninsured motorist settlement. Harleysville was thereby denied the subrogation granted by the referee.
Mrs. Rhodes and Harleysville appealed. The County Court of Allegheny County affirmed the decision of the Workmen's Compensation Board. From this ...