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JOSEPH J. NAVARRO v. OHIO CASUALTY INSURANCE COMPANY (02/05/82)

filed: February 5, 1982.

JOSEPH J. NAVARRO
v.
OHIO CASUALTY INSURANCE COMPANY, ET AL. APPEAL OF GOVERNMENT EMPLOYEES INSURANCE COMPANY



No. 146 Harrisburg, 1980, Appeal from the Order of the Court of Common Pleas, Civil Division, Dauphin County, No. 598S of 1979.

COUNSEL

Richard L. Kearns, Harrisburg, for appellant.

Timothy J. O'Connell, Harrisburg, for Navarro, appellee.

F. Lee Shipman, Harrisburg, for Ohio, appellee.

Brosky, McEwen and Beck, JJ.

Author: Beck

[ 295 Pa. Super. Page 152]

Appellee Joseph J. Navarro is the sole owner of a corporation, Joseph J. Navarro, Inc. In 1976, he sought to obtain insurance coverage for five motor vehicles, some owned by him or his wife and some owned by the corporation, and purchased "Fleet" insurance coverage through Dennis Woolf, a member of the Woolf-Strite Agency, under a policy with appellee Ohio Casualty Insurance Company. The policy listed Joseph J. Navarro, Inc. as the named insured and listed the five motor vehicles as covered vehicles. Ownership of these vehicles was not specified in the policies.

[ 295 Pa. Super. Page 153]

On October 22, 1977, appellee Navarro was injured while a passenger in an automobile owned by one Jose Ramirez. Jose Ramirez was a named insured in a policy of automobile insurance with appellant Government Employees Insurance Company.

Appellee Navarro sought payment of basic benefits, including work loss benefits, from appellee Ohio Casualty Insurance Company, and was refused. He brought suit, and appellee Ohio Casualty responded that he was not an insured entitled to benefits under any policy with that company. Appellee Navarro then demanded benefits from appellant, and was refused. He brought suit against that company, reciting that he was uninsured and therefore entitled to benefits from the company insuring the car in which he was injured under the No Fault Motor Vehicle Insurance Act. Appellant answered alleging that it had declined to make payments to appellee Navarro because he "has not furnished Defendant with proof or documentation of his entitlement to wage loss benefits."

Appellee Navarro obtained consolidation of the two actions and then filed a Motion for Summary Judgment, which actually sought partial summary judgment, seeking a determination by the court as to which of the two insurance companies was liable to him for his work loss benefits.

Following presentation of evidence by way of depositions and briefing by the parties, the lower court entered the following order:

AND NOW, August 11, 1980, Plaintiff's motion to (sic) partial summary Judgment on the issue of liability is granted against Government Employees Insurance Company, the said motion is denied as ...


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