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THOMAS E. MYERS v. COMMERCIAL UNION ASSURANCE COMPANIES (09/09/83)

filed: September 9, 1983.

THOMAS E. MYERS
v.
COMMERCIAL UNION ASSURANCE COMPANIES, NICEL INDUSTRIES, INC., THE TRAVELERS INSURANCE COMPANIES, BRADLEY A. MILLER, AND THE CITY OF MCKEESPORT. APPEAL OF COMMERCIAL UNION ASSURANCE COMPANIES AND NICEL INDUSTRIES, INC. (NO. 205) APPEAL OF TRAVELERS INSURANCE COMPANIES (NO. 114) THE TRAVELERS INSURANCE COMPANIES, APPELLANT, V. COMMERCIAL UNION ASSURANCE COMPANIES



No. 114 Pittsburgh, 1982 & No. 205 Pittsburgh, 1982, No. 115 Pittsburgh, 1982, Appeal from Judgment of the Court of Common Pleas, Civil Division, of Allegheny County at Nos. G.D. 80-02731 and G.D. 80-8732.

COUNSEL

William K. Herrington, Pittsburgh, for appellant (at Nos. 114 and 115) and appellee (at No. 205).

Jeffrey S. Weiss, Pittsburgh, for Myers, appellee (at Nos. 114 & 205).

Fred C. Trenor, Louis C. Long, Pittsburgh, for appellant (at No. 205) and for appellee (at Nos. 114 and 115).

Cavanaugh, Rowley and Montgomery, JJ.

Author: Cavanaugh

[ 319 Pa. Super. Page 24]

This appeal involves declaratory judgment proceedings and an equity action which were consolidated in the court below and heard as a case stated.*fn1 Thomas E. Myers is an Illinois resident who was seriously injured in a motor vehicle accident in McKeesport, Allegheny County, Pennsylvania, on December 7, 1978. The vehicle in which Mr. Myers was a passenger was operated by Bradley A. Miller. Myers was a carpenter who had been sent to Munhall, Pennsylvania, by his employer, Nicel Industries, Inc., to supervise the installation of chalk boards at the Steel Valley High School. On the day of the accident, he worked at the job site and

[ 319 Pa. Super. Page 25]

    then left with another carpenter, Bradley A. Miller, who drove Myers to various car rental agencies in an attempt to rent a car for Myers. It was while engaged in this activity that the vehicle being operated by Miller collided with a pole. As a result of the accident, Myers sustained permanent damage to his spinal cord resulting in paralysis.

Mr. Myers sought workmen's compensation benefits in Illinois where he was employed and ultimately received an award which is being paid by the Commercial Union Assurance Companies, the workmen's compensation carrier for Nicel Industries. Travelers Insurance Companies was the insurer on the automobile insurance policy issued to Mr. Miller and that company paid almost $75,000 for medical bills under the basic loss provisions of the Pennsylvania No-Fault Act. Travelers Insurance Companies also paid $250,000 in settlement of a claim which Mr. Myers made against Mr. Miller for his non economic loss.

Mr. Myers' petition for declaratory judgment sought an adjudication of the rights of the various parties in the controversy, namely Thomas E. Myers, Commercial Union Assurance Companies, Nicel Industries, Inc., The Travelers Insurance Companies, Bradley A. Miller and the City of McKeesport. Subsequently, Travelers Insurance Companies, as the no-fault carrier, filed a complaint in equity seeking reimbursement from the workmen's compensation carrier, Commercial Union, of $81,587.29 consisting of its payments to Mr. Myers for medical expenses and work loss benefits. Commercial Union sought subrogation of the workmen's compensation benefits it paid from the settlement that Myers received from Travelers Insurance for non economic loss. The court below dismissed the claims of both insurance carriers. The appeals do not involve an adjudication of any rights of Mr. Myers against the City of McKeesport as that action is still pending.

Commercial Union, to the extent of workmen's compensation benefits paid to Myers, seeks subrogation from Myers' settlement with Travelers for non economic loss. The ...


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