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WILLIAM BORRELL v. CONTINENTAL CASUALTY COMPANY AND COMMERCIAL UNION ASSURANCE COMPANY AND PENNSYLVANIA ASSIGNED CLAIMS PLAN. APPEAL PENNSYLVANIA ASSIGNED CLAIMS PLAN (02/25/83)

filed: February 25, 1983.

WILLIAM BORRELL
v.
CONTINENTAL CASUALTY COMPANY AND COMMERCIAL UNION ASSURANCE COMPANY AND PENNSYLVANIA ASSIGNED CLAIMS PLAN. APPEAL OF PENNSYLVANIA ASSIGNED CLAIMS PLAN



No. 2307 PHILADELPHIA, 1981, No. 245 PHILADELPHIA, 1982, Appeal from Orders of the Court of Common Pleas, Trial Division, of Philadelphia County, No. 18 April Term, 1979.

COUNSEL

David B. Glancey, Harrisburg, for appellant.

Richard K. Hohn, Philadelphia, for appellees.

Hester, Cirillo and Johnson, JJ.

Author: Hester

[ 310 Pa. Super. Page 555]

On October 14, 1977, appellee, William Borrell (Borrell) was involved in a two vehicle accident while operating a motor vehicle owned by his employer, Lukens Steel Company. Borrell was engaged on company business at the time of the accident. The other vehicle involved was owned by the Orthliep Company and operated by an employee of that company. The Lukens vehicle was insured by Continental Casualty Company (Continental). The Orthliep vehicle was insured by Commercial Union Assurance Company (Commercial Union). Borrell was not insured. He did not own a motor vehicle.

Borrell applied for and received benefits from his employer pursuant to the Pennsylvania Workmen's Compensation Act.

Appellee, Borrell, then instituted the within action in order to recover basic loss benefits under the No-fault Act, 40 P.S. Section 1009.101 et seq., against Continental Casualty Company, Commercial Union and the Pennsylvania Assigned

[ 310 Pa. Super. Page 556]

Claims Plan, in excess of the benefits received under the Workmen's Compensation Act.

The court below granted judgment on the pleadings in favor of Commercial Union and Continental Casualty. The court also entered judgment against appellant, Pennsylvania Assigned Claims Plan, in favor of appellee for the difference between the benefits paid him under the provisions of the Workmen's Compensation Act and the benefits due to him under the No-fault Act, or $2,706.56.

This is an appeal by the Assigned Claims Plan ...


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