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PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY v. ISHMAEL FALLIGAN AND PENNSYLVANIA ASSIGNED CLAIMS PLAN AND ALBERT L. BRICKLIN ESQUIRE AND STANTON DUBIN ESQUIRE AND JOHN J. WALSH (06/06/84)

argued: June 6, 1984.

PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, APPELLANT
v.
ISHMAEL FALLIGAN AND THE PENNSYLVANIA ASSIGNED CLAIMS PLAN AND ALBERT L. BRICKLIN ESQUIRE AND STANTON DUBIN ESQUIRE AND JOHN J. WALSH, JR. ESQUIRE. PAULETTE DONOVAN V. KEYSTONE INSURANCE COMPANY AND TRAVELERS INSURANCE COMPANY. APPEAL OF KEYSTONE INSURANCE COMPANY



No. 03334 Philadelphia 1982, Appeal from the Order entered October 27, 1982 in the Court of Common Pleas of Philadelphia County, Civil Division, No. 2321 June 1981 No. 00187 Philadelphia 1983, Appeal from the Order entered December 20, 1982 in the Court of Common Pleas of Philadelphia County, Civil Division, No. 2928 April Term, 1982

COUNSEL

Allan C. Molotsky, Philadelphia, for Prudential, appellant.

Dennis Veneziale, Philadelphia, for Keystone, appellant.

Herbert H. Yaskin, Philadelphia, for Falligan, appellee.

Jeffrey A. Less, Philadelphia, for Pa. Assigned, appellees.

Pamela B. Gagne, Philadelphia, for Travelers, appellee.

John A. Rothschild, Philadelphia, for Donovan, appellee.

Spaeth, President Judge, and McEwen and Tamilia, JJ.

Author: Tamilia

[ 335 Pa. Super. Page 197]

These appeals are being considered together as they raise the issue of whether an insurance company designated to provide basic loss benefits to an uninsured victim under the No-Fault Act*fn1 is also required to provide uninsured motorist benefits. We hold that appellants, Prudential Property & Casualty Insurance Company and Keystone Insurance Company, are required to provide such coverage, and therefore, affirm the respective orders from which these appeals have been taken.

In the Prudential appeal, No. 03334 Philadelphia, 1982, claimant, Ishmael Falligan, a pedestrian, was allegedly struck and injured by an automobile operated by Michael Nixon on or about August 29, 1979. The automobile was owned by Jeannette Nixon, Michael Nixon's mother, but apparently operated by Michael without her permission. Jeannette Nixon is the named insured of a policy of automobile insurance issued by appellant, Prudential, covering the automobile involved in the accident. Appellant paid Falligan basic loss benefits pursuant to ยง 1009.204(a)(4) of the No-Fault Act which provides:

[ 335 Pa. Super. Page ...


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