No. 1038 October Term, 1977, Appeal from Order Dated February 10, 1977 Entering Judgment on the Pleadings for Defendant, Entered by the Court of Common Pleas of Philadelphia as of the November Term, 1975, No. 2873, Trial Division-Law.
Michael J. Pepe, Jr., Philadelphia, for appellant.
Joseph S. Bekelja, Philadelphia, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Price, J., concurs in the result. Watkins, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 258 Pa. Super. Page 285]
This is an appeal from an order of the Court of Common Pleas of Philadelphia County, granting defendant, the insurance company, judgment on the pleadings.
According to the complaint of plaintiff-appellant, Mr. Goldstein, was involved in an accident in Philadelphia, Pennsylvania (his place of residence) while driving a car he had borrowed from one Murray Iseman. Mr. Iseman is a New Jersey resident and the named insured in an automobile insurance policy issued by defendant-appellee. Mr. Goldstein claims benefits under the policy for medical expenses and lost wages suffered as a result of the accident.
The insurance company, in denying Mr. Goldstein's entitlement, relies primarily on a policy exclusion reading as follows:
"The insurance under this endorsement does not apply:
(c) to bodily injury to any person, other than the named insured or a relative of the named insured or a resident of New Jersey, if the accident occurs outside of New Jersey."
[ 258 Pa. Super. Page 286]
Mr. Goldstein's response is that this exclusion is void as contrary to New Jersey law, both parties agreeing that New Jersey law determines the validity of the exclusion. See Crawford v. Manhattan Life Ins. Co. of N. Y., 208 Pa. Super. 150, 221 A.2d 877 (1966). The New Jersey statute on ...