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JEAN BOOTHBY v. METROPOLITAN INSURANCE COMPANY AND STATE FARM INSURANCE COMPANY (03/06/89)

filed: March 6, 1989.

JEAN BOOTHBY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ROBERT BOOTHBY, DECEASED, APPELLANT,
v.
METROPOLITAN INSURANCE COMPANY AND STATE FARM INSURANCE COMPANY, APPELLEES



Appeal from Order of the Court of Common Pleas, Civil Division, of Philadelphia County, No. 2209 January Term, 1984.

COUNSEL

Gary P. Heslin, Philadelphia, for appellant.

James Bielunas, Philadelphia, for Metropolitan, appellee.

Michael Saltzburg, Philadelphia, for State Farm, appellee.

Rowley, Wieand and Beck, JJ.

Author: Wieand

[ 382 Pa. Super. Page 252]

The issue in this appeal is whether liability limiting provisions in two overlapping policies of insurance providing coverage for the same automobile are invalid because contrary to the provisions of the Pennsylvania No-fault Motor Vehicle Insurance Act of July 19, 1974, P.L. 489, No. 176, 40 P.S. § 1009.101 et seq., repealed by the Act of February 12, 1984, P.L. 26, No. 11, § 8(a), effective October 1, 1984.

[ 382 Pa. Super. Page 253]

On January 16, 1982, Robert Boothby was killed and Jean Boothby was injured in an accident which occurred in Pennsylvania while they were occupying a 1982 Subaru owned by Robert Boothby. At the time of the accident the vehicle was insured under two automobile insurance policies. One of the policies had been issued by Metropolitan Insurance Company and became effective on January 15, 1982. The other, which had been cancelled effective February 6, 1982, had been issued by State Farm Insurance Company. Both policies provided no-fault coverage in accordance with the Pennsylvania No-fault Motor Vehicle Insurance Act. Under both policies, the limit of liability for work loss benefits was fifteen thousand ($15,000) dollars, the limit for survivor's loss benefits was five thousand ($5,000) dollars, and the limit for reimbursable funeral expenses was fifteen hundred ($1,500) dollars. The State Farm policy provided, inter alia, as follows:

No Duplication of Benefits

No insured shall recover twice for the same expense or loss under this or similar vehicle insurance or self-insurance.

Other Insurance

If an insured has similar vehicle insurance or self-insurance the total amount due shall not exceed the limit of the source with the highest limit. We will pay our share. Our share is the percent the limit of this policy bears to ...


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