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OLGA SZWECKI v. TRAVELERS INSURANCE COMPANY (01/27/84)

filed: January 27, 1984.

OLGA SZWECKI
v.
THE TRAVELERS INSURANCE COMPANY, APPELLANT



No. 156 Pittsburgh 1982, Appeal from the Judgment entered January 19, 1982, Court of Common Pleas, Allegheny County, Civil Division No. GD79-10835.

COUNSEL

Walter Faderewski, Pittsburgh, for appellant.

W. Thomas Laffey, Jr., Pittsburgh, for appellee.

Cavanaugh, Johnson and Montgomery, JJ.

Author: Per Curiam

[ 324 Pa. Super. Page 33]

Appellant/defendant Travelers Insurance Company appeals from the judgment entered January 19, 1982. Said judgment was based on the trial court's order of December 21, 1981 granting partial summary judgment in favor of appellee/plaintiff Olga Szwecki. As we find this appeal to be interlocutory, we quash.

Mrs. Szwecki's husband was killed as a result of an automobile accident while insured by appellant. She then instituted an assumpsit action against appellant to recover

[ 324 Pa. Super. Page 34]

    both interest and attorney's fees for appellant's delayed payment of work loss benefits under the Pennsylvania No-fault Insurance Act, 40 P.S. ยง 1009.101 et seq.

The order in question states:

Order OF COURT

AND NOW, this 21st day of December, 1981, after argument and upon consideration of the parties' briefs submitted in support thereof, it is hereby Ordered as follows:

1. Partial Summary Judgment shall be entered in favor of the Plaintiff insofar as it relates to Plaintiff's entitlement to interest at the rate of eighteen per cent (18%) per annum on all "overdue" work loss payments. Said interest shall be calculated ...


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