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RICHARD I. REYNOLDS v. NATIONWIDE MUTUAL INSURANCE COMPANY (08/06/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: August 6, 1982.

RICHARD I. REYNOLDS, ADMINISTRATOR OF THE ESTATE OF MICHAEL I. REYNOLDS, DECEASED, APPELLANT,
v.
NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLEE

No. 137 March Term, 1978, Appeal from Order of the Court of Common Pleas, Civil Division, of Dauphin County, No. 1096S 1977

COUNSEL

Richard C. Angino, Harrisburg, for appellant.

Clyde W. McIntyre, Harrisburg, for appellee.

Price, Wieand and Lipez, JJ.

Author: Per Curiam

[ 303 Pa. Super. Page 32]

Michael Reynolds, twelve years of age, was killed when the bicycle on which he was riding was struck by an automobile on August 30, 1975 in Susquehanna Township, Dauphin County. At the time of his death, he was covered under a no-fault automobile insurance policy which had been issued to his father by Nationwide Mutual Insurance Company. An action in assumpsit was instituted by appellant, the administrator of the decedent's estate, against the insurance company to recover work loss benefits under the Pennsylvania No-fault Motor Vehicle Insurance Act.*fn1 Preliminary objections in the nature of a demurrer were sustained and the complaint was dismissed because, the trial court held, a decedent's estate was not a statutorily defined "victim" who was entitled to recover work loss benefits under the No-fault Act. The insurance company also argued, but the trial court found it unnecessary to consider, that the twelve year old decedent had not entered the work force and, therefore, had no calculable wage loss. This appeal followed.*fn2

These issues have been decided in favor of allowing recovery of work loss benefits by the estate of a deceased minor in Freeze v. Donegal Mutual Insurance Company, 301 Pa. Super. 344, 447 A.2d 999 (1982). See also: Chesler v. Government Employees Insurance Company, 302 Pa. Super. 356, 448 A.2d 1080 (1982). For reasons stated in Freeze, we reverse

[ 303 Pa. Super. Page 33]

    the order dismissing appellant's complaint in the instant case.

Reversed and remanded for further proceedings.


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