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DOROTHEA DERCOLI v. PENNSYLVANIA NATIONAL MUTUAL INSURANCE COMPANY AND GRANGE MUTUAL CASUALTY COMPANY (12/21/87)

filed: December 21, 1987.

DOROTHEA DERCOLI, APPELLANT,
v.
PENNSYLVANIA NATIONAL MUTUAL INSURANCE COMPANY AND GRANGE MUTUAL CASUALTY COMPANY



Appeal from the Order of the Court of Common Pleas, Lawrence County, Civil Division, at No. 67 of 1986, C.A.

COUNSEL

Anthony N. Gemma, New Castle, for appellant.

John R. Seltzer, New Castle, for Pennsylvania Nat., appellee.

Peter E. Horne, New Castle, for Grange, appellee.

Brosky, Del Sole and Hoffman, JJ.

Author: Brosky

[ 369 Pa. Super. Page 290]

This is an appeal from the Order of the trial court sustaining appellees' demurrer and dismissing appellant's complaint in this action in assumpsit.

On appeal, two issues are presented for our review: (1) whether the decision of the Pennsylvania Supreme Court in Hack v. Hack, 495 Pa. 300, 433 A.2d 859 (1981), abolishing inter-spousal immunity, is to be given retroactive application; and (2) whether the duty of good faith and fair dealing requires an automobile insurer to properly advise its insured

[ 369 Pa. Super. Page 291]

    as to entitlement to present claims under the applicable policy.

Upon consideration of the trial court opinion and briefs by counsel, we affirm the order in question.

On July 21, 1980, appellant was a passenger in an automobile being driven by her husband. Mr. Dercoli fell asleep at the wheel and drove his car under the wheels of an oncoming tractor-trailor rig. Mr. Dercoli was killed instantly and appellant was severely injured.

Pennsylvania National Mutual Insurance Company and Grange Mutual Casualty Company, (hereinafter appellees), undertook the handling, processing and payment of appellant's insurance benefits. Payments were made to appellant until April, 1984, and in March, 1985, ...


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