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IDA SUNBURY v. HOME INSURANCE COMPANY (08/21/84)

August 21, 1984

IDA SUNBURY, APPELLANT
v.
HOME INSURANCE COMPANY



No. 02569 Philadelphia 1983, Appeal from the Order of the Court of Common Pleas, Civil Division, of Philadelphia County at No. 3517 October Term, 1978.

Before Olszewski, Popovich and Cercone, JJ.

Per Curiam:

Order affirmed.

MEMORANDUM:

This is an appeal by appellant, Ida Sunbury, from an order of the Court of Common Pleas of Philadelphia County which granted appellee's motion for summary judgment. We affirm.

On October 20, 1978, appellant filed an action for recovery of no-fault benefits from appellee, Home Insurance Company, for personal injuries sustained in an automobile accident which occurred on October 17, 1975. Appellee argued below that since appellant submitted a bill on November 4, 1975, which was promptly paid by appellee, but failed to submit subsequent bills within two years, appellant's cause of action falls squarely within the latter provision of 40 P.S. § 1009.106(c)(1)*fn1 which provides

"If no-faultbenefits have been paid for loss arising otherwise than from death, an action for further benefits, by either the same or another claimant; may be commenced not later than two years after the last payment of benefits."

In the alternative, appellee contended that even if appellant did not file a claim in November of 1975, the action would still be barred because the period of limitation begins on the date of the accident or October 17, 1975, and 40 P.S. § 1009.106(c)(1) also provides that an alleged victim seeking to recover a "loss arising otherwise than from death" must commence an action against a no-fault carrier

"not later than two years after the victim suffers the loss and either knows, or in the exercise of reasonable diligence should have known, that the loss was caused by the accident, or not latter than four years after the accident, whichever is earlier."

Appellant claims that she submitted bills for the first time on August 11, 1978, at which time she submitted bills in the following amounts and bearing the following dates:

10/17/75 Montgomery Hospital $74.00

11/6-11/75 Sacred Heart Hospital 498.00

7/20/76 Leonard Klinghoffer, M.D. 75.00

7/20/76 X-ray Associates ...


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