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RICHARD D. ADAMS v. NATIONWIDE INSURANCE COMPANY (03/06/81)

filed: March 6, 1981.

RICHARD D. ADAMS, APPELLANT,
v.
NATIONWIDE INSURANCE COMPANY



No. 226 March Term, 1979, Appeal from Order of the Court of Common Pleas of Dauphin County, Civil Division, No. 535 S 1979.

COUNSEL

Delano M. Lantz, Harrisburg, for appellant.

Lee C. Swartz, Harrisburg, for appellee.

Cercone, President Judge, and Watkins and Montgomery, JJ.

Author: Cercone

[ 285 Pa. Super. Page 80]

This is an appeal from an order granting summary judgment on the pleadings in favor of the defendant, Nationwide Insurance Company (Nationwide), and against the plaintiff, who is defendant's insured motor vehicle accident victim.

Once again we embark upon the stormy sea which is Pennsylvania's No-fault Motor Vehicle Insurance Act, Act of July 19, 1974, P.L. 489, No. 176, Art. I, § 101, 40 P.S.

[ 285 Pa. Super. Page 81]

§ 1009.101 et seq. The question before us today is whether a motor vehicle accident victim injured while driving his own automobile, but within the scope of his employment, is entitled to receive work-loss benefits from his no-fault insurance carrier to make up the difference, (or "net loss") between his actual wage loss and benefits conferred on him under the Workmen's Compensation Act. More specifically, we are asked to consider an apparent conflict between Section 206 of the No-Fault Act, 40 P.S. § 1009.206 (1974), and the Workmen's Compensation Act, 77 P.S. § 481(a) (1974). We have considered the question before in Turner v. Southeastern Pennsylvania Transportation Authority, 256 Pa. Super. 43, 389 A.2d 291 (1978) and again in Wagner v. National Indemnity Company, 266 Pa. Super. 112, 403 A.2d 118 (1979) aff'd 492 Pa. 154, 422 A.2d 1061 (1980) although both those cases were decided under facts clearly distinguishable from those in this case.

Although the record at this juncture is sparse, the operative facts as pleaded are these. Adams was employed as a zone manager for Standard Motor Products and was acting within the scope of his employment when the accident occurred. He was driving his own automobile, which was insured through Nationwide at his personal expense. Under the terms of the policy, Adams was entitled to claim eighty percent of his gross wages less any Workmen's Compensation benefits he received.*fn1 From September 22, 1976, until October 25, 1978, Nationwide paid Adams $37.40 per week pursuant to the insurance policy's terms. On the latter date, nationwide terminated its payments to Adams based on our decision in Turner v. SEPTA, supra. Adams brought suit in the Court of Common Pleas of Dauphin County seeking the reinstitution of the $37.40 in no-fault benefits. The lower court entered judgment on the pleadings in favor of Nationwide basing its decision on Turner v. SEPTA, supra, and Wagner v. National Indemnity Company, supra.

[ 285 Pa. Super. Page 82]

    vehicles with another. The important elements in those two cases were that the vehicle was owned by the employer and the injury occurred within the scope of employment.

Today's case, however, is analogous neither to Turner v. SEPTA nor to Wagner v. National Indemnity Company, but rather to a situation ...


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