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ALLSTATE INSURANCE COMPANY v. PAUL V. KANE (09/11/86)

filed: September 11, 1986.

ALLSTATE INSURANCE COMPANY, APPELLANT,
v.
PAUL V. KANE



Appeal from the Order on October 7, 1985, in the Court of Common Pleas, Allegheny County, Civil Division, at No. 14905 of 1985.

COUNSEL

Stephen P. McCloskey, Washington, for appellant.

Edward J. Balzarini, Pittsburgh, for appellee.

Rowley, McEwen and Tamilia, JJ.

Author: Rowley

[ 356 Pa. Super. Page 578]

OPINION OF THE COURT

This is an appeal from a court order denying appellant's petition to compel rehabilitation involvement under the Pennsylvania No-Fault Motor Vehicle Insurance Act.*fn1

The facts in this case are not in dispute. The appellee, Paul Kane, was involved in a two car accident on April 1, 1984. The appellant, Allstate Insurance Company, is the no-fault insurance carrier for appellee. Appellee suffered serious injuries resulting in permanent spastic paraplegia. Since May of 1984 appellee has been receiving rehabilitative treatment and services from Harmarville Rehabilitation Center and will continue to need such medical treatment in the future. In May of 1985, in anticipation of appellee's expected request for payment of home modification expenses incurred in the construction of a new home, appellant requested of appellee the following, in relevant part:

[ 356 Pa. Super. Page 5791]

) a meeting between Barb Sallo (appellant's representative) and appellee and his wife;

2) to permit Barb Sallo to obtain follow up information from appellee's treating physicians at Harmarville, especially regarding home care and special equipment needs;

3) to permit Barb Sallo to attend all Harmarville staff conferences regarding appellee's treatment, with appropriate input;

4) some documentation of exactly what appellee expected appellant to pay for with respect to home modification, with an itemization and dollar amounts and an ...


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