Dailey v. Pennsylvania Assigned Claims Plan

FRANCIOSA, J.,

This matter comes before the court upon defendant’s preliminary objection, in the nature of a demurrer, to plaintiff’s complaint.

On August 28, 1985, plaintiff, David Dailey, was injured in a three-car accident that occurred in New Jersey. At the time of the accident, plaintiff was a passenger in his uncle’s 1970 Cadillac. Because plaintiff’s uncle had allowed his motor vehicle in*634surance policy to lapse, the car was not covered by a policy of insurance at the time of the accident.

On July 11, 1986, plaintiff applied to the Pennsylvania Assigned Claims Plan for medical and…