Walker v. Fennell

DEL SOLE, Judge.

This is an appeal from an order granting Summary Judgment in favor of Appellee, Pennsylvania Financial Responsibility Assigned Claims Plan (the Plan).

The underlying action was instituted by Appellant, a pedestrian who was struck by a motor vehicle insured by Allstate Insurance Company as she walked across the street in a crosswalk. The Allstate vehicle was stopped at the intersection but lunged forward after being struck from behind by an uninsured vehicle. Appellant sought and received first party benefits from Allstate, but was advised that Allstate’s insured had waived…