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JAMES M. FANDRAY v. NATIONWIDE MUTUAL INSURANCE COMPANY (04/15/83)

filed: April 15, 1983.

JAMES M. FANDRAY, APPELLANT
v.
NATIONWIDE MUTUAL INSURANCE COMPANY



NO. 124 PITTSBURGH, 1981, Appeal from the Order of the Court of Common Pleas, Civil Division-Arbitration, of Allegheny County, at No. 2959 of 1979.

COUNSEL

Allen T. Lane, Pittsburgh, for appellant.

Gerard J.A. Cipriani, Pittsburgh, for appellee.

Hester, Beck and Van der Voort, JJ.

Author: Van Der Voort

[ 313 Pa. Super. Page 188]

Appellant was injured in an automobile accident and filed a claim for certain No-Fault Motor Vehicle Insurance benefits with appellee-insurer (Nationwide). The specific claim here at issue which was rejected by the insurer, is for replacement services loss. Appellant pressed his claim and won an award before a Board of Arbitrators in the amount of $85 for replacement services and $525 for counsel fees based on appellant's need to bring suit to enforce his claim. Nationwide took an appeal to the Court of Common Pleas. After the presentation of the evidence, the court directed a verdict in favor of Nationwide. Appellant's motion for a new trial was denied and this appeal was taken.

Appellant lists five issues in his brief but as he implicitly acknowledges by consolidating the issues into one argument, there is only one issue for us to address. Appellant's complaint lies in the lower court's direction of a verdict for defendant based on the court's determination that the damages claimed were not within the intended scope of replacement services loss.

We turn to the definitional section of the No-fault Act, 40 P.S. § 1009.103.

Loss means accrued economic detriment resulting from injury arising out of the maintenance or use of a motor vehicle consisting of, and limited to, allowable expense, work loss, replacement service loss, and survivor's loss.

Replacement service loss is defined as:

Replacement services loss' means expenses reasonably incurred in obtaining ordinary and necessary services in

[ 313 Pa. Super. Page 189]

    lieu of those the victim would have performed, not for income, but for the benefit of himself or his ...


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