Legal Opinion

Erie Insurance Exchange v. Eisenhuth

Superior Court of Pennsylvania

Decided October 15, 1982No. 977, 978, 979, 1001, 1114 and 1117PublishedCited by 45 opinions

1Opinion of the Court

BROSKY, Judge:

The issue we decide today is whether a no-fault insurance policy covers injuries suffered by a passenger in an automobile who is shot by a policeman during his pursuit of the driver. We agree with the lower court’s conclusion that the policy does not apply to this situation and therefore affirm the orders before us for review.

Appellant McCummins was a passenger in an automobile driven by appellant Eisenhuth. In a complaint filed against Mr. Eisenhuth and appellee Erie Insurance Exchange, Mr. McCummins avers the following facts.

On December 12, 1976, while Mr. McCummins was a…

2Cases cited5 opinions

  1. Manufacturers Casualty Insurance v. Goodville Mutual Casualty Co.Supreme Court of Pennsylvania · 1961
  2. Ferry v. Protective Indemnity Co. of New YorkSuperior Court of Pennsylvania · 1944
  3. Wheeler v. London Guarantee & Accident Co.Supreme Court of Pennsylvania · 1927
  4. Day v. State Farm Mutual InsuranceSuperior Court of Pennsylvania · 1978
  5. Presbyterian-University of Pennsylvania Medical Center v. Keystone InsuranceSuperior Court of Pennsylvania · 1977

3Cited by45 opinions

  1. Thornton v. Allstate InsuranceMichigan Supreme Court · 1986
  2. Allstate Property & Casualty Insurance v. SquiresCourt of Appeals for the Third Circuit · 2012
  3. U.S. Underwriters Insurance Co. v. Liberty Mutual Insurance CompanyCourt of Appeals for the Third Circuit · 1996
  4. General Refractories Co. v. First State Insurance Co.Court of Appeals for the Third Circuit · 2017
  5. Alvarino v. Allstate InsuranceSupreme Court of Pennsylvania · 1988

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