McKenzie v. Nationwide Insurance

COFFROTH, P.J.,

These declaratory judgment actions are here on plaintiffs preliminary objections to defendant Nationwide Insurance Company’s counterclaims against plaintiff for a reasonable attorney’s fee under §107(2) of the Pennsylvania No-fault Motor Vehicle Insurance Act (40 P.S. 1009.101 et seq). The questions at issue are these:(1) Is §107(2) authorizing an award to the no-fault obligor (insurer) against the claimant (victim), of a reasonable attorney’s fee when it is judicially determined that “the claim or any significant part thereof is fraudulent or so excessive as to have no…