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FRANCES ROPKA v. GOVERNMENT EMPLOYEES INSURANCE COMPANY (11/15/85)

filed: November 15, 1985.

FRANCES ROPKA, ADMINISTRATRIX OF THE ESTATE OF MICHAEL W. CHILCOAT, DECEASED AND IN HER OWN RIGHT AND HYLA W. CLARK AND CARL CLARK, JR., ADMINISTRATORS OF THE ESTATES OF HYLA LYNN CHILCOAT, STACIE LYNN CHILCOAT AND ALISON FRANCES CHILCOAT, DECEASED AND IN THEIR OWN RIGHT.
v.
GOVERNMENT EMPLOYEES INSURANCE COMPANY, APPELLANT



Appeal from the Order of January 12, 1984 in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 00731 June, 1983.

COUNSEL

David M. McCormick, Philadelphia, for appellant.

Frederick N. Dorfman, Philadelphia, for appellees.

Rowley, Watkins and Geisz,*fn* JJ. Rowley, J., concurs in the result.

Author: Watkins

[ 347 Pa. Super. Page 509]

This is an appeal from an order entered January 19, 1984 in the Court of Common Pleas of Philadelphia County, Civil Division, granting appellee's Motion for Summary Judgment and denying appellant's Motion for Summary Judgment.

On October 5, 1982, Michael Chilcoat was injured in a fatal automobile accident in Lancaster, Pennsylvania. His wife and two children, who were passengers in the car also died. On the date of the accident, the decedents were residents of Maryland and their vehicle was registered in Maryland. Said vehicle was insured by a Maryland Automobile

[ 347 Pa. Super. Page 510]

Policy issued by the Government Employees Insurance Company.

In June of 1983 an action in Assumpsit was instituted by appellees-plaintiffs, Frances Ropka, Administratrix of the Estate of Michael W. Chilcoat, deceased, and in her own right and Hyla E. Clark and Carl Clark, Jr., Administrators of the Estate of Hyla Lynn Chilcoat, Stacie Lynn Chilcoat, and Alison Frances Chilcoat, deceased, and in their own right, against Government Employees Insurance Company (GEICO). The action sought recovery of basic loss benefits under the Pennsylvania No-Fault Motor Vehicle Insurance Act (Act). GEICO then filed an Answer to appellee's (plaintiff's) complaint with New Matter. Appellees filed a response to appellant's New Matter then sent a request for admissions. Appellant filed a Motion for summary Judgment and appellees filed a response with New Matter. Appellees then sent a request for admissions. Appellant filed a Motion for Summary Judgment and appellees filed a response with New Matter. Appellees' New Matter consisted of appellees' own Motion for Summary Judgment. Appellant then filed a response to that Motion.

The Honorable Alfred J. DiBona, Jr. of the Court of Common Pleas of Philadelphia County, entered an order denying appellant's Motion for Summary Judgment and granting appellees' Motion for Summary Judgment. This appeal followed.

Appellant presents three questions on appeal:

1. Whether or not Maryland is a No-Fault State under Section 1009.110 of the Pennsylvania No-Fault ...


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