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KATHRYN ELAINE MCKINNEY A/K/A ELAINE KRATZ v. STATE FARM MUTUAL AUTO INSURANCE COMPANY AND PENNSYLVANIA AUTOMOBILE INSURANCE PLAN (02/19/82)

filed: February 19, 1982.

KATHRYN ELAINE MCKINNEY A/K/A ELAINE KRATZ, APPELLANT,
v.
STATE FARM MUTUAL AUTO INSURANCE COMPANY AND PENNSYLVANIA AUTOMOBILE INSURANCE PLAN



No. 2352 PHILADELPHIA, 1980, Appeal from an Order of the Court of Common Pleas, Civil Division, of Potter County, No. 427 of 1978.

COUNSEL

D. Bruce Cahilly, Coudersport, for appellant.

Priscilla M. Walrath, Wellsboro, for State Farm, appellee.

William J. Kubiak, Bradford, for Pennsylvania Auto., appellee.

Hester, Rowley and Montgomery, JJ.

Author: Hester

[ 295 Pa. Super. Page 320]

Kathryn Elaine McKinney, the plaintiff below, has appealed an Order of the Court of Common Pleas of Potter County, dated September 11, 1980, sustaining the preliminary objections of both appellees and dismissing her second amended complaint, with prejudice.*fn1

[ 295 Pa. Super. Page 321]

On March 31, 1977, appellant contacted Coudersport Insuring Company, Inc. to procure automobile insurance, as required by Section 104(a) of the Pennsylvania No-Fault Motor Vehicle Insurance Act, Act of July 19, 1974, P.L. 489, No. 176, as amended, 40 P.S. Section 1009.104(a). An application for No-Fault Motor Vehicle Insurance was prepared by Coudersport and signed by appellant on April 4, 1977.

Coudersport forwarded the application to appellee, Pennsylvania Automobile Insurance Plan (hereinafter referred to as "The Plan").

In response to said application, the Plan assigned the policy to appellee State Farm Mutual Auto Insurance Company effective April 7, 1977. State Farm did issue a policy of insurance, effective from April 7, 1977 through April 7, 1978.

Appellant, while operating her motor vehicle, was involved in an accident on April 6, 1977, as a result of which she allegedly incurred certain medical expenses which, admittedly, would be covered by No-Fault Motor Vehicle Insurance if such insurance was in effect at the time of the accident.

A Writ of Summons in Assumpsit was issued on July 5, 1978, on behalf of the appellant. On September 8, 1978, a Rule to file a complaint was served on the appellant. Appellant's original complaint in assumpsit was filed on January 31, 1980. The original complaint alleges that Coudersport prepared the application for insurance, at appellant's ...


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