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LINDA KOVAL v. LIBERTY MUTUAL INSURANCE COMPANY (09/14/87)

filed: September 14, 1987.

LINDA KOVAL, ADMINISTRATRIX OF THE ESTATE OF JOSEPH KOVAL, DECEASED AND LINDA KOVAL, IN HER OWN RIGHT, APPELLANT,
v.
LIBERTY MUTUAL INSURANCE COMPANY, APPELLEE



Appeal from the Order of the Court of Common Please of Allegheny County, Civil at No. GD 83-20902.

COUNSEL

Arthur Cutruzzula, Pittsburgh, for appellant.

Mary Ann Czajkowski, Connellsville, for appellee.

Cirillo, President Judge, and Montemuro and Tamilia, JJ.

Author: Montemuro

[ 366 Pa. Super. Page 416]

Appellant Linda Koval, as administratrix of her husband's estate and in her own right, challenges a grant of summary judgment in favor of appellee Liberty Mutual

[ 366 Pa. Super. Page 417]

Insurance Company. We affirm the order of the Allegheny County Court of Common Pleas.

[ 366 Pa. Super. Page ]

Ms. Koval seeks to "stack" the "personal injury protection" coverage on six vehicles that her husband, Joseph Koval, had insured pursuant to the now-defunct Pennsylvania No-Fault Motor Vehicle Insurance Act.*fn1 Mr. Koval owned an automobile repair shop and used the six vehicles for business purposes. In early 1981, he obtained from Liberty Mutual a comprehensive "Garage Policy" of insurance to cover the numerous risks of his repair shop operation. This 28-page policy contained basic liability, No-fault, uninsured motorist and various types of "garage keepers" and "physical damage" insurance. Among the several documents that comprised the policy was a six-page "Personal Injury Protection Endorsement (Pennsylvania)." Page one of this document contained, in part, the following:

In accordance with Pennsylvania No-Fault Motor Vehicle Insurance Act, [Liberty Mutual] will pay any or all personal injury protection benefits for:

(a) medical expenses,

(b) work loss,

(c) replacement ...


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