Appeal from judgment of Court of Common Pleas of Berks County, Feb. T., 1970, No. 257, in case of Richard L. Mohn v. American Casualty Company of Reading, Pennsylvania.
Leonard J. Gajewski, for appellant.
Geoffrey M. Stoudt, with him Rhoda, Stoudt & Bradley, for appellee.
Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Dissenting Opinion by Packel, J. Hoffman and Spaulding, JJ., join in this dissent.
[ 222 Pa. Super. Page 427]
Dissenting Opinion by Packel, J.:
Is there an accidental injury when an escaping felon is shot? That is the question which the court below answered in the negative and therefore granted summary judgment to the appellee.
The appellant sought recovery of $10,935 on a hospital expense policy and a major medical expense policy, both originally issued in 1962. The appellant was the insured under the policies and was entitled to payment of eligible expenses for himself and his dependents, including a son. The son was attending college when, on May 26, 1969, he was shot attempting to flee from the scene of a burglarized record shop. He died
[ 222 Pa. Super. Page 428]
three months later. These facts were stipulated and both sides ...