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RASHAAD GAMBRELL v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ET AL. (03/23/84)

decided: March 23, 1984.

RASHAAD GAMBRELL, A MINOR, BY HIS PARENT AND NATURAL GUARDIAN, RENEE B. GAMBRELL AND RENEE B. GAMBRELL IN HER OWN RIGHT, PETITIONERS
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ET AL., RESPONDENTS



Original Jurisdiction in the case of Rashaad Gambrell, a minor by his parent and natural guardian, Renee B. Gambrell and Renee B. Gambrell, in her own right v. State Farm Mutual Automobile Insurance Company and Pennsylvania Attorney General, Department of Justice.

COUNSEL

No appearance for petitioners.

Michael Saltzburg, with him Louis E. Bricklin, Bennett, Bricklin, Saltzburg & Fullem, for respondent, State Farm Mutual Automobile Insurance Company.

Ronald Yen, Deputy Attorney General, for respondent, Pennsylvania Attorney General, Department of Justice.

Judges Craig, MacPhail and Doyle, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 81 Pa. Commw. Page 122]

Before us is a motion for summary judgment filed by defendant, State Farm Automobile Insurance Company (State Farm), in an action brought against it for the recovery of benefits under the Pennsylvania No-fault Motor Vehicle Insurance Act (Act).*fn1 Additional defendant, Pennsylvania Attorney General, opposes the motion.

Plaintiffs, Renee B. Gambrell and her minor son, Rashaad Gambrell, were injured in an accident while occupying an automobile supplied by Renee Gambrell's employer, the Attorney General's Office. At the time of the accident, Ms. Gambrell was driving the automobile home after work, as she was authorized to do by her employer, but, contrary to authorization, she was also carrying her son as a passenger. Plaintiffs filed an action in the Philadelphia Court of Common Pleas against Ms. Gambrell's personal automobile insurance carrier, State Farm, requesting recovery for medical expenses and loss of wages under the terms of her policy. State Farm denied liability and joined the Attorney General's Office as an additional defendant. This action was transferred to the Commonwealth Court*fn2 where State Farm filed the present motion for summary judgment, alleging that it cannot be held liable for no-fault benefits if any such benefits are due the plaintiffs.

[ 81 Pa. Commw. Page 123]

With respect to the minor plaintiff, Rashaad Gambrell, State Farm supports its position by referring to Section 204 of the Act,*fn3 which states, in pertinent part:

Source of basic restoration benefits

(a) Applicable security. -- The security for the payment of basic loss benefits applicable to an injury to:

(1) an employee, or to the spouse or other relative of any employee residing in the same household as the employee, if the accident resulting in injury occurs while the victim or deceased victim is driving or occupying a motor vehicle furnished by such employee's employer is the security for the payment of basic loss benefits ...


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