Erie Insurance Exchange v. Fleagle

HOFFMAN, Judge:

Appellants in this declaratory judgment action contend that the lower court erred in concluding that appellee Kenneth P. Fleagle was not a “victim” as defined by the Pennsylvania No-fault Motor Vehicle Insurance Act1 and thus not entitled to basic loss benefits provided by that Act. Appellants additionally raise several related contentions involving the rights and liabilities of the parties. For the reasons which follow, we reverse the order of the court below.

The facts are not in dispute and may be summarized as follows. On June 17,1976, appellee Kenneth P. Fleagle was *313employed…