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NOEL ARMSTRONG v. PENNSYLVANIA ASSIGNED CLAIMS PLAN AND TRAVELERS INSURANCE COMPANY (09/19/86)

SUPERIOR COURT OF PENNSYLVANIA


filed: September 19, 1986.

NOEL ARMSTRONG, APPELLANT,
v.
PENNSYLVANIA ASSIGNED CLAIMS PLAN AND TRAVELERS INSURANCE COMPANY, APPELLEES

Appeal from the judgment of the Court of Common Pleas of Philadelphia County, Civil Division, No. 5235 March Term, 1984. The Superior Court, No. 2808 Philadelphia 1984.

COUNSEL

Theodore Hauptman, Philadelphia, for appellant.

David M. McCormick, Philadelphia, for appellees.

Cirillo, President Judge, and Cavanaugh,*fn* Brosky, Wieand, Olszewski, Del Sole, Montemuro, Beck and Tamilia, JJ. Brosky, J., files dissenting opinion.

Author: Olszewski

[ 356 Pa. Super. Page 454]

This matter comes before this Court en banc on appeal from an order of the lower court granting appellees' motion for judgment on the pleadings. Appellant asks us to decide whether an uninsured owner-operator may receive uninsured motorist benefits from an assigned claims plan insurer. In a companion case, we answered this question in the negative. We refer appellant to the case of Brown v. Travelers Insurance Company, 355 Pa. Super. 535, 513 A.2d 1051 (1986).

Order affirmed.

Disposition

Order affirmed.

[ 356 Pa. Super. Page 455]

BROSKY, Judge, dissenting:


*fn* CAVANAUGH, J., did not participate in the decision in this case.


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