Wagner v. Nationwide Insurance

WILLIAMS, P.J.,

This matter, which is before the court on the motions of both plaintiff and defendant for summary judgment, presents a novel question concerning the applicability of the Pennsylvania No-fault Motor Vehicle Insurance Act of July 19, 1974, P.L. 489, 40 P.S. §§1009.101-1009.701. Since the parties agree that the facts necessary for our resolution of this matter are not in dispute, we will address the merits of the issue presented to us.

On a rainy April day in 1977, a van equipped as a lunch wagon was parked at the site of an auction. The electricity needed to operate the van as a…