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HENRY MAY v. TRAVELERS INSURANCE COMPANY AND TEXAS EASTERN TRANSMISSION CORPORATION. APPEAL TRAVELERS INSURANCE COMPANY (05/29/86)

filed: May 29, 1986.

HENRY MAY
v.
THE TRAVELERS INSURANCE COMPANY AND TEXAS EASTERN TRANSMISSION CORPORATION. APPEAL OF THE TRAVELERS INSURANCE COMPANY



Appeal from the Order entered July 31, 1985, Court of Common Pleas, Philadelphia County, Civil Division at No. 5893 October Term, 1983.

COUNSEL

David M. McCormick, Philadelphia, for appellant.

Maria Zulick, Philadelphia, for appellee.

Cavanaugh, Beck and Johnson, JJ.

Author: Johnson

[ 353 Pa. Super. Page 338]

Henry May sustained injuries when he was involved in a motor vehicle accident on September 25, 1982. At the time of the accident Mr. May was the occupant of a vehicle owned by the United States government and operated as part of an Army Reserve convoy. The Army Reserve truck was struck in the rear by a vehicle owned by Texas Eastern Transmission Corporation (Texas Eastern).

As Mr. May had no insurance of his own, he applied to the Pennsylvania Assigned Claims Plan (the Plan) seeking no-fault benefits. The Plan assigned his claim to the Travelers Insurance Company (Travelers). Travelers denied Mr. May's claim and he thereafter instituted this action against Travelers. Travelers joined Texas Eastern as an additional defendant contending that, if Mr. May was entitled to benefits, those benefits should be supplied by Texas Eastern.

The case proceeded to arbitration with a resultant award in favor of Mr. May and against only the additional defendant, Texas Eastern. From that award Texas Eastern appealed to the Court of Common Pleas. Thereafter, Texas Eastern filed a Motion for Summary Judgment, which was opposed by Travelers. On July 31, 1985, the lower court entered an order granting judgment in favor of Texas Eastern. From that order Travelers timely appeals, and raises two issues:

I. WHETHER A FEDERAL EMPLOYEE INJURED IN A MOTOR VEHICLE ACCIDENT WHILE OCCUPYING A FEDERALLY OWNED VEHICLE, IS

[ 353 Pa. Super. Page 339]

ENTITLED TO RECEIVE BENEFITS UNDER THE PENNSYLVANIA NO-FAULT MOTOR VEHICLE INSURANCE ACT (No-fault Act)*fn1

II. WHETHER SUCH EMPLOYEE, IF ENTITLED TO NO-FAULT BENEFITS, IS TO BE TREATED UNDER THAT ACT AS THE OCCUPANT OF AN UNINSURED MOTOR VEHICLE OR IS TO BE TREATED AS A PEDESTRIAN.

We shall discuss the two arguments presented by appellant together. Travelers' first argument is that the No-fault Act has no application to accidents involving vehicles owned by the federal government. Travelers contends that the federal government is exempt under the Supremacy Clause of the United States Constitution from any of the requirements of the Pennsylvania No-fault Act. It believes that to allow Henry May to receive no-fault benefits would be to grant to the federal government ...


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