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PATRICIA HENDERSON v. STATE FARM MUTUAL INSURANCE CO. (11/13/81)

filed: November 13, 1981.

PATRICIA HENDERSON, APPELLANT,
v.
STATE FARM MUTUAL INSURANCE CO.



No. 2206 Philadelphia, 1980, Appeal from Order of the Court of Common Pleas, Civil Division, of Delaware County at No. 79-18776.

COUNSEL

D. Michael Emuryan, Woodlyn, for appellant.

Raymond J. Falzone, Jr., Media, for appellee.

Cavanaugh, Johnson and Lipez, JJ.

Author: Cavanaugh

[ 292 Pa. Super. Page 334]

On February 18, 1979, Patricia Henderson, the appellant herein, was operating her automobile in Ridley Park, Delaware County, Pennsylvania, when her vehicle was struck in

[ 292 Pa. Super. Page 335]

    the rear by a station wagon operated by Allan Hapgood Kipp. At the time of the accident the appellant was insured by the appellee, State Farm Mutual Insurance Company. Appellant's insurance policy included uninsured motor vehicle coverage.*fn1 Under the policy an uninsured motor vehicle is one insured for bodily injury liability at the time of the accident but "the insuring company denies coverage or is or becomes insolvent." Mr. Kipp was insured by Safeguard Mutual Insurance Company.

As a result of the accident the appellant suffered serious injuries requiring hospitalization for several days. She suffered acute cervical strain which necessitated medication and the wearing of a cervical collar. The appellant submitted a claim to the Safeguard Mutual Insurance Company which was not paid.

On May 29, 1979, the Insurance Commissioner of Pennsylvania issued a suspension order against Safeguard Mutual Insurance Company suspending it from business. The order

[ 292 Pa. Super. Page 336]

    also stated that an examination of the books, records, accounts and affairs of Safeguard revealed that "as of December 3, 1977, as of December 31, 1978, and at present, Safeguard is insolvent."*fn2

Since appellant did not receive compensation from the insurance carrier of the individual whose vehicle struck her, and since that individual's insurer was apparently insolvent, she sought recompense from her own insurance carrier, State Farm Mutual Insurance Company, under the uninsured motorist coverage provision of her policy. State Farm took the position that no final decision had been made concerning Safeguard's insolvency and that they were "unable to consider any payments under U. M." ...


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