Appeal from Order and the Court of Common Pleas, Civil Division, of Philadelphia County, No. 2075 Sept. Term, 1987.
Daniel J. Siegel, Philadelphia, for appellant.
Michael F. DeMarco, Philadelphia, for appellee.
Cirillo, President Judge, and Wieand and McEwen, JJ.
[ 382 Pa. Super. Page 105]
The issue in this appeal is whether an insurance company which has issued a policy of automobile insurance in accordance with the laws of the state in which the vehicle is registered must pay medical benefits to passengers of the vehicle who have been injured as a result of an accident in Pennsylvania even though the policy does not provide medical benefits. The trial court held that the insurance company was not liable for benefits for which coverage had not been provided and, therefore, sustained preliminary objections in the nature of a demurrer to a complaint making a claim for first party benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1701 et seq. We affirm.
Shirley Boone and her daughter, Tira, are residents of Pennsylvania. They were injured in an automobile accident which occurred in Pennsylvania while they were riding as
[ 382 Pa. Super. Page 106]
passengers in a vehicle owned and operated by Todd Boone. The vehicle was registered in Virginia and insured, pursuant to the laws of Virginia, by Stonewall Insurance Company. The laws of Virginia did not require that a policy of insurance issued for a vehicle registered in that state provide coverage for first party medical benefits, and the policy issued by Stonewall Insurance Company did not contain such coverage. Neither Shirley Boone nor her daughter was covered by any other policy of insurance. A claim was made against Stonewall Insurance Company for Shirley Boone's medical expenses in the amount of $3,328.00 and for Tira Boone's medical expenses in the amount of $2,315.00. The claim was denied,*fn1 and this action was commenced to recover the same from the insurer. From the order sustaining preliminary objections in the nature of a demurrer and dismissing the complaint, the plaintiffs appealed.
The Pennsylvania Motor Vehicle Financial Responsibility Law, at 75 Pa.C.S. § 1711, requires security for benefits as follows:
An insurer issuing or delivering liability insurance policies covering any motor vehicle of the type required to be registered under this title, except recreational vehicles not intended for highway use, motorcycles, motordriven cycles or motorized pedalcycles or like type vehicles, registered and operated in this Commonwealth, shall include coverage providing a medical benefit in the amount of $10,000, an income loss benefit up to a monthly maximum of $1,000 up to a maximum benefit of $5,000 and a funeral benefit in the amount of $1,500, as defined in section 1712 (relating to availability of benefits), with respect to injury arising out of the maintenance or use of a motor vehicle. The income loss benefit provided under this section may be expressly waived by the named insured provided the named insured has no expectation of actual income loss due to age, disability or lack of employment history. (emphasis added)
[ 382 Pa. Super. Page 107]
The requirement of coverage for medical benefits, according to the terms of the statute, is applicable only to motor vehicles "registered and operated in this Commonwealth." See: Pugh v. Government Employees ...