Erie Insurance Exchange v. Balinski

ANTHONY, J.,

This action is now before the court on defendants’ preliminary objections to plaintiff’s petition for declaratory judgment. Although the issues raised will be resolved without reference to the underlying facts, a brief summary of plaintiff’s allegations provides a helpful background.

Plaintiff, Erie Insurance Exchange (Erie), has paid medical and wage loss benefits to defendant Balinski as a result of injuries sustained by Balinski when he was struck by an automobile. The payments were made pursuant to a no-fault insurance policy which Balinski had with Erie. Erie contends that the…