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GERALD ALAN WILSON v. KEYSTONE INSURANCE COMPANY (12/16/83)

SUPERIOR COURT OF PENNSYLVANIA


filed: December 16, 1983.

GERALD ALAN WILSON, ADMINISTRATOR, C.T.A. OF THE ESTATE OF ELEANOR D. WILSON, DECEASED AND LOUIS D. WILSON, AS SURVIVING SPOUSE ON BEHALF OF HIMSELF AND ON BEHALF OF ALL OTHER SURVIVORS OF ELEANOR D. WILSON, DECEASED,
v.
KEYSTONE INSURANCE COMPANY, APPELLANT

Appeal No. 1296 Philadelphia, 1981 from the Order of The Court of Common Pleas of Philadelphia County, Civil Trial Division, No. 3822 November Term, 1979; Gelfand, Judge.

COUNSEL

Hugh Hutchison, Philadelphia, for appellant.

Eli N. Donsky, Philadelphia, for appellees.

Johnson, Watkins and Lipez, JJ.

Author: Per Curiam

[ 321 Pa. Super. Page 496]

OPINION

The sole issue in this appeal is whether basic loss benefits under the Pennsylvania No-Fault Motor Vehicle Insurance Act may be "stacked." We have held up disposition of this appeal until the issue could be determined by this court en banc, which has now held that basic loss benefits may not be stacked. Antanovich v. Allstate Insurance Company, 320 Pa. Super.Ct. 322, 467 A.2d 345 (1983). Since the court below computed the amounts the insurance company was ordered to pay under the assumption that benefits may be stacked, we must vacate the order and remand with a direction to recompute the benefits in accordance with Antanovich v. Allstate Insurance Company, supra.

Order vacated, and case remanded with instructions. Jurisdiction is relinquished.

19831216

© 1998 VersusLaw Inc.



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