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NATIONWIDE MUT. INS. CO. v. UNITED STATES FID. & G

UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF PENNSYLVANIA


December 8, 1981

NATIONWIDE MUTUAL INSURANCE COMPANY
v.
UNITED STATES FIDELITY AND GUARANTY COMPANY

The opinion of the court was delivered by: BRODERICK

MEMORANDUM

This action was originally a declaratory judgment action which came before the Court on the parties' cross-motions for summary judgment. The parties now agree that in the event that the plaintiff, Nationwide Mutual Insurance Company (Nationwide), is entitled to summary judgment, that judgment may be entered in the amount of $ 175,531.66, the amount of benefits paid by Nationwide as a result of an accident involving a minor, Robert Treegoob, now deceased, which occurred on May 21, 1976. Nationwide asks this Court to determine that the defendant, United States Fidelity and Guaranty Company (USF&G), must reimburse it for these loss benefits on the ground that USF&G was responsible for the payment of these benefits under § 204(a) of the Pennsylvania No-Fault Motor Vehicle Insurance Act (No-Fault Act), 40 P.S. § 1009.101 et seq. The facts material to a resolution of the issue before the Court are undisputed and for the reasons set forth below the Court has determined that summary judgment must be granted in favor of Nationwide in the amount of $ 175,531.66.

 There is no dispute as to the facts precipitating this litigation. Robert S. Treegoob was struck and severely injured by an automobile while crossing Stoneridge Road in Villanova, Pennsylvania on May 21, 1976. Robert was the minor son of Warren Treegoob and resided with him. At the time of the accident Nationwide had issued and in full force and effect an automobile liability policy covering the automobile which struck Robert Treegoob, which policy provided no-fault insurance coverage under the provisions of the No-Fault Act. USF&G had issued and in full force and effect at the time of the accident, a comprehensive general-automobile liability insurance policy covering two automobiles owned or leased by Valient Finance Company and/or Treegoob Appliances, Inc., which were available to Warren Treegoob for pleasure and business purposes.

 Endorsement # 4 of the USF&G policy identifies the "named insured" of that policy as follows:

 It is hereby agreed and understood that the Named Insured is:

 Harold and Warren Treegoob T/A Treegoob's;

 Treegoob's Appliances, Inc.;

 Warren Mark Corporation;

 Valient Finance Company, Inc.; and

 Valient Consumer Discount Company, A.T.I.M.A.

 (as their interests may appear)

 Beneath the designation of the named insured appears the following addendum:

 It is also agreed and understood that the five above mentioned entities are of common financial ownership and control.

 The USF&G policy contains a number of endorsements defining the type and scope of coverage provided by the policy. Endorsement # 10, entitled Basic Personal Injury Protection Endorsement, which was "rolled on" to the pre-existing policy in 1975 pursuant to the No-Fault Act, provides, in part:

 In accordance with the Pennsylvania No-Fault Motor Vehicle Insurance Act, the Company will pay any or all personal injury protection benefits for: (a) medical expenses, (d) funeral expenses and (b) work loss, (e) survivor's loss (c) replacement services loss,

19811208

© 1992-2004 VersusLaw Inc.



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