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CLEARFIELD BANK & TRUST COMPANY v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY (06/28/85)

filed: June 28, 1985.

CLEARFIELD BANK & TRUST COMPANY, GUARDIAN OF THE ESTATE OF VICKI ANN SEVETSKY, APPELLANT,
v.
AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY



Appeal From The Order Entered April 12, 1984 in the Court of Common Pleas of Clearfield County, Civil Division at No. 83-990-CD

COUNSEL

John R. Ryan, Clearfield, for appellant.

Robert L. Martin, State College, for appellee.

Cirillo, Hoffman, and Rosenwald.*fn*

Author: Rosenwald

[ 344 Pa. Super. Page 589]

This is an appeal from judgment dated April 12, 1984 entered in favor of the Plaintiff and against the Defendant for interest at the rate of 18% from the date of demand of April 22, 1982, to the date of payment of November 2, 1982 for "post mortem" work loss benefits under the Pennsylvania No-Fault Insurance Act. 40 P.S. ยง 1009.106.

Ernest E. Sevetsky, Jr. was injured in an automobile accident on February 5, 1977. He subsequently died on March 16, 1977 as a result of said injuries. Appellant applied for no-fault benefits on March 17, 1977. Appellee, American Manufacturers Mutual Insurance Company, paid to the Estate of Ernest E. Sevetsky, Jr. one thousand five hundred dollars ($1,500.00) for funeral expenses and eight hundred twenty-seven dollars and seventy-five cents ($827.75) for pre-death work loss benefits on February 17, 1978 which covered the period of time from the date of the

[ 344 Pa. Super. Page 590]

    injury to the date of death (February 5, 1977 to March 16, 1977).

Ernest E. Sevetsky, Jr. was survived by his wife, Ruth Ann Sevetsky, and a minor daughter, Vickie Ann Sevetsky. The Estate of Ernest E. Sevetsky, Jr. made demand upon appellee for survivor's loss benefits payable to the minor child February 24, 1978.

Appellee paid to the mother and natural guardian of Vickie Ann Sevetsky survivor's benefits in the amount of Two Hundred Dollars ($200.00) per month up to Five Thousand dollars ($5,000.00). These payments were made each month through June 15, 1980.

Appellant made a demand for interest on the balance payable to Vickie Ann Sevetsky for work-loss benefits on October 29, 1982.

Appellee refused to pay interest on the money paid for post-mortem work loss benefits and on May 20, 1983, appellant ...


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