No. 2686 Philadelphia 1981, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Trial Division, Law, at No. 828 July Term, 1980.
Thomas H. Goldsmith, Philadelphia, for appellant.
William A. Loftus, Philadelphia, for appellees.
Wieand, Beck and Hoffman, JJ.
[ 313 Pa. Super. Page 95]
Appellant contends that the lower court erred in finding appellees' action for post-mortem work loss benefits*fn1 under the Pennsylvania No-fault Motor Vehicle Insurance
[ 313 Pa. Super. Page 96]
Act*fn2 (No-fault) timely filed. Because the statute of limitations bars the present action, we reverse the order of the lower court and deny appellees benefits.
On June 28, 1978, Christos Kamperis (decedent) was killed when he struck his head against an overpass on the Pennsylvania Turnpike, while riding atop his employer's truck. Appellees, decedent's wife, children, and estate sought and recovered workmen's compensation benefits. On July 6 and August 16, 1979, appellees requested funeral benefits from appellant, the decedent's No-fault carrier. Although appellant refused appellees' request, decedent's employer's No-fault carrier paid appellees $1,000 in funeral benefits on February 6, 1980. Appellees then sought work loss and survivor's loss benefits from appellant, but were refused on June 17, 1980. Appellees brought this action for funeral, survivor's loss and work loss benefits on July 10, 1980. The lower court granted appellees $15,000 work loss benefits plus the statutorily required interest at 18% per year calculated from August 6, 1979. This appeal followed.*fn3
Appellant contends that appellees' action for post-mortem work loss benefits is barred by the statute of limitations. Our Supreme Court has recently analyzed the various statutes of limitations applicable to actions for No-fault benefits in Sachritz v. Pennsylvania National Mutual Casualty Insurance Co., 500 Pa. 167, 455 A.2d 101 (1982), concluding that "the legislature has provided comprehensive statutes of limitations in Sections 106(c)(1) and 106(c)(2) [of the No-fault Act], covering all no-fault benefits by drafting these sections on analogy to the statutes of limitations on traditional tort actions for personal injuries
[ 313 Pa. Super. Page 97]
under our law, including survival actions and actions for wrongful death." 500 Pa. at 168, 455 A.2d at 102. Section 106(c)(1) provides:
If no-fault benefits have not been paid for loss arising otherwise than from death, an action therefor may be commenced not later than two years after the victim suffers the loss and either knows, or in the exercise of reasonable diligence should have known, that the loss was caused by the accident, or not later than four years after the accident, whichever is earlier. If no-fault benefits have been paid for loss arising otherwise than from death, an action for further benefits, other than survivor's ...