No. 358 Phila., 1980, Appeal from Order of the Court of Common Pleas of Philadelphia County, Civil Division, Assumpsit, at No. 4936 April Term, 1979.
David M. McCormick, Philadelphia, for appellant.
Paul Mark Perlstein, Philadelphia, for Cohen, appellee.
Louis E. Bricklin, Philadelphia, for Fireman's Fund, appellee.
Price, Watkins and Montgomery, JJ. Price, J., concurs in the result.
[ 289 Pa. Super. Page 320]
This is an appeal from the order of the Court of Common Pleas of Philadelphia County, Civil Division, which dismissed appellant's objections to the form of action of appellee, Edward Cohen, and entered judgment against the appellant, Government Employees Insurance Company.
It appears that the appellee, Edward Cohen, was allegedly injured while operating a United Cab which became involved in a motor vehicle accident on December 7, 1977. Mr. Cohen brought an action by petition in the Common Pleas Court of Philadelphia against Fireman's Fund Insurance Companies and Government Employees Insurance Company seeking basic loss benefits under the Pennsylvania No-fault Motor Vehicle Insurance Act for his medical bills and wage loss.
Both insurance companies filed answers to the petition. Government Employees Insurance Company also filed new matter, a motion to strike, and a counterclaim. In the
[ 289 Pa. Super. Page 321]
motion to strike and the new matter, Government Employees Insurance Company contended that the petition was in violation of the Pennsylvania Rules of Civil Procedure and the Constitutions of Pennsylvania and the United States.
The depositions of Rocco Olivieri, Samuel Skolnick and Edward Cohen were conducted on September 27, 1979. On November 20, 1979, oral argument on the petition was held before the Honorable Ethan Allen Doty. On January 23, 1980, Judge Doty issued an order requiring Government Employees Insurance Company to pay Mr. Cohen's economic losses and this appeal followed in due course.
At the time of the accident in question, the United Cab which Mr. Cohen was operating carried a policy of insurance with the Fireman's Fund Insurance Company. The policy issued by Fireman's Fund included provisions for basic loss benefits as ...