no-fault liability. In this case Celina would again be the primary no-fault carrier, although under the No-Fault Act its liability would be reduced by the extent of the claimant's recovery under workmen's compensation. See, 40 P.S. § 1009.206.
Finally, if the referee concluded that the plaintiff could not obtain compensation because he was not within the course of his employment then Electric Mutual would be primarily liable to the plaintiff for no-fault benefits. We are of the opinion, however, that Celina would still be liable, albeit as a secondary insurer.
Simply stated, in none of these scenarios is Celina Mutual totally excused from liability. Therefore the fact that a later finding by the workmen's compensation referee might effect the exact amount of Celina's liability does not, in our view, preclude a summary judgment. Quite the contrary, the No-Fault Act expressly requires immediate payment of benefits by an insurance company without deduction for amounts owed to the claimant by others. See, 40 P.S. § 1009.106(a)(3). Moreover, the Act also provides a mechanism for the calculation of benefits which takes into account benefits owed to the claimant by third parties. See, 40 P.S. § 1009.205. Therefore, the Act, by its own terms, indicates that difficulties in determining the exact financial liability of a carrier should not serve as an excuse for non-payment of benefits.
This being the case, we hold, and so order, that the plaintiff's motion for summary judgment against defendant Celina Mutual Liability Insurance Company is granted.
III. Interest and Attorney's Fees.
In Hayes v. Erie Insurance Exchange, 261 Pa.Super. 171, 395 A.2d 1370 (1978), the Pennsylvania Superior Court held that attorneys fees could be awarded to a claimant when a no-fault insurance carrier refused, without reasonable foundation, to pay that claimant. See, 40 P.S. § 1009.107(3). This rule has subsequently been applied in cases dealing with Section 1009.106(a) of the No-Fault Act, which imposes an 18% interest penalty on late payments of No-Fault Benefits. See, Hayes v. Erie Insurance Exchange, 276 Pa.Super. 424, 419 A.2d 531 (1980).
The plaintiff contends in this case that it has been denied no-fault benefits without reasonable foundation. Therefore, the plaintiff argues that he is entitled to interest and attorney's fees. We disagree.
We noted at the outset of this opinion that this case presented a number of difficult and novel questions of law. In this case any determination of the liability of either defendant would require a detailed analysis of both the Workmen's Compensation Act and the No-Fault Act. Moreover, we feel that Celina Mutual could reasonably have believed that the extent of its liability could not be determined until the liability of Electric Mutual was established.
Accordingly, in a case such as this one, which involved several difficult legal issues, we feel that an award of interest and legal fees would not be appropriate. Therefore, we deny the plaintiff's request for such fees and interest.