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MICHAEL WILLIAMS v. KEYSTONE INSURANCE COMPANY (07/16/82)

filed: July 16, 1982.

MICHAEL WILLIAMS, APPELLANT,
v.
KEYSTONE INSURANCE COMPANY



No. 985 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas, Trial Division - Law, of Philadelphia County at No. 1029 September Term, 1978.

COUNSEL

James L. Womer, Philadelphia, for appellant.

Mark Robert Bosniak, Philadelphia, for appellee.

Wickersham, Rowley and McEwen, JJ.

Author: Wickersham

[ 302 Pa. Super. Page 45]

The issue in this appeal involves the construction of the statute of limitations provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act.*fn1 In this case, appellant,

[ 302 Pa. Super. Page 46]

Michael Williams, instituted an action against appellee, Keystone Insurance Company (hereinafter Keystone), for refusing to provide him with basic loss benefits after his claim for such benefits had been assigned to Keystone under the assigned claims plan of the No-Fault Act.*fn2 Keystone filed a motion for summary judgment raising a statute of limitations defense, the lower court granted the motion. For the reasons indicated herein, we reverse the order of the lower court.

In Petraglia v. American Motorists Insurance Company, 284 Pa. Super. 1, 3, 424 A.2d 1360, 1361 (1981), aff'd per curiam, 498 Pa. 33, 444 A.2d 653 (1982), we stated that:

Summary judgment 'shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.' Pa.R.Civ.P. 1035(b). Summary judgment can only be granted in the clearest of cases. See, e.g., Schacter v. Albert, 212 Pa. Super. 58, 239 A.2d 841 (1968). Additionally, the evidence must be viewed in the light most favorable to the non-moving party and all doubts must be resolved against the moving party. See Thompson Coal Co. v. Pike Coal Co., 488 Pa. 198, 412 A.2d 466 (1979); Just v. Sons of Italy Hall, 240 Pa. Super. 416, 368 A.2d 308 (1976).

Viewed according to the standards set forth in Petraglia, the facts in this case may be summarized as follows.

On December 24, 1975, Michael Williams was traveling as a passenger in a pickup truck in the City of Philadelphia when the pickup ...


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