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MARILYN L. CLARK v. AETNA CASUALTY & SURETY COMPANY (11/30/82)

filed: November 30, 1982.

MARILYN L. CLARK, ADMINISTRATRIX OF THE ESTATE OF DARRAH D. CLARK, DECEASED, APPELLANT,
v.
AETNA CASUALTY & SURETY COMPANY, OCCIDENTAL FIRE & CASUALTY COMPANY, AND RYDER TRUCK LINES, INC.



No. 2373 Philadelphia, 1981, Appeal from the Judgment of the Court of Common Pleas, Civil Division, of Berks County, No. 180 May Term, 1980

COUNSEL

John J. Speicher, Reading, for appellant.

Stephen Gary Welz, Shillington, for Aetna, appellee.

Kenneth E. Sands, Reading, for Occidental, appellee.

Edward L. McCandless, Philadelphia, for Ryder, appellee.

Wieand, Beck and Hoffman, JJ.

Author: Wieand

[ 307 Pa. Super. Page 226]

Darrah D. Clark was killed as a result of a one vehicle accident involving a tractor-trailer unit which he owned and was operating on the Pennsylvania Turnpike. His widow, Marilyn L. Clark, commenced an action in assumpsit to recover benefits under the Pennsylvania No-fault Motor

[ 307 Pa. Super. Page 227]

Vehicle Insurance Act.*fn1 Named as defendants were Occidental Fire & Casualty Company, which had issued a policy of insurance on Clark's truck naming Clark as the insured; Aetna Casualty & Surety Company, which provided coverage for a private passenger vehicle owned by Clark; and Ryder Truck Lines, Inc. (hereinafter sometimes referred to as "Ryder"). Ryder was the lessee of the truck being operated by Clark at the time of the fatal accident and "was self-insured for its drivers and motor vehicles under the No-fault Act." After the pleadings had been closed, Ryder filed a motion for summary judgment and an affidavit reciting that insurance coverage for Clark's truck had been provided by Clark and that Ryder did not provide coverage for leased vehicles. The trial court granted Ryder's motion and entered summary judgment in its favor. Marilyn Clark appealed. We affirm.

A summary judgment may be entered where there is no genuine issue as to any material fact and the record, viewed most favorably to the non-moving party, discloses that the moving party is entitled to judgment as a matter of law. Davis v. Pennzoil Co., 438 Pa. 194, 202, 264 A.2d 597, 601 (1970); Nationwide Insurance Co. v. Donegal Mutual Insurance Co., 299 Pa. Super. 205, 208, 445 A.2d 526, 527 (1982); Vend-a-matic, Inc. v. Frankford Trust Co., 296 Pa. Super. 492, 498, 442 A.2d 1158, 1161 (1982); Community Medical Services of Clearfield, Inc. v. Local 2665, American Federation of State, County and Municipal Employees, AFL-CIO, 292 Pa. Super. 238, 242, 437 A.2d 23, 25 (1981); Amabile v. Auto Kleen Car Wash, 249 Pa. Super. 240, 244-45, 376 A.2d 247, 249-50 (1977); Dowlin v. Coatesville Area School District, 22 Pa. Commw. 433, 436, 350 A.2d 190, 192 (1975); Pa.R.C.P. 1035. In the instant case there is no dispute regarding the facts. The issue, one of law, is whether primary security under the Pennsylvania No-Fault Motor Vehicle Insurance Act has been assumed by Ryder.

Darrah Clark, appellant's decedent, had entered a written, one-way lease agreement with ...


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