No. 210 PITTSBURGH, 1982, Appeal from the Judgment Entered in the Court of Common Pleas, Civil Division, of Allegheny County, No. G.D. 79-24071 Issue No. 114541.
William C. Passodelis, Pittsburgh, for appellant.
James R. Hartline, Pittsburgh, for appellees.
Rowley, Wieand and Hester, JJ.
[ 325 Pa. Super. Page 319]
On September 12, 1977, appellant, Thomas Ellisor, was employed by Unity Builders, Inc. (hereinafter "Unity") as a carpenter. On that particular date, as was customary, Frank King and Jim King, two other employees of Unity, rode in a pick-up truck to appellant's house so that the three men could ride together to the job site. This truck was owned by one of Unity's principals, Fred Vanzin, and used regularly by Frank King to transport material, tools and equipment, along with employees, to and from job sites.
Prior to reaching the job site and while detained at a traffic light, the rear of their truck was struck by another motorist. As a result of this accident, appellant sustained injuries to his neck and shoulders. These injuries prevented him from returning to work.
The pick-up truck in which appellant was riding was secured under the Pennsylvania No-Fault Motor Vehicle Insurance Act by Firemen's Insurance Company (hereinafter "Firemen's"). Firemen's also provided Workmen's Compensation Insurance for Unity. Appellant's own nofault insurance carrier was Allstate Insurance Company. Pursuant to a Commonwealth Court Order, appellant was awarded $184.57 per week in Workmen's Compensation benefits as a result of this accident.
[ 325 Pa. Super. Page 320]
When Firemen's refused to pay work loss benefits to appellant, he filed separate Complaints in Assumpsit in the Court of Common Pleas of Allegheny County against Firemen's and Allstate, his carrier, for work loss benefits equal to the difference between actual lost wages and Workmen's Compensation payments received. Appellant and appellee, Firemen's, filed motions for summary judgment. Appellant's motion was granted against Allstate and dismissed against Firemen's. Judgment was entered against Allstate in favor of appellant for work loss benefits in the amount of $15,000.00, the policy limit. Firemen's motion for summary judgment was granted and judgment was entered in its favor against appellant. Appellant filed this appeal from that portion of the order granting summary judgment in favor of Firemen's. Allstate did not appeal.
Appellant argues that he is entitled to work loss benefits under the No-fault Motor Vehicle Insurance Act from both his own carrier, Allstate, and his employer's carrier, Firemen's. Inasmuch as Fred Vanzin owned five motor vehicles at the time of the accident, appellant further contends that the individual limits on each vehicle can be "stacked" so that Firemen's is obligated to pay in excess of the fifteen thousand dollar policy limit on each vehicle.*fn1
[ 325 Pa. Super. Page 321]
Section 204(a) of the Pennsylvania No-Fault Motor Vehicle Insurance Act*fn2 sets forth the priorities for determining the applicable security ...