Daniels v. State Farm Mutual Automobile Insurance

WIEAND, Judge:

Robert Daniels was killed on April 30, 1977 when an uninsured truck in which he was riding as a passenger left the road and collided with a utility pole. He was survived by a wife and son. A claim was made for survivor’s loss benefits under the Pennsylvania No-fault Motor Vehicle Insurance Act 1 and assigned to State Farm Mutual Automobile Insurance Company under Section 108 of the Act. 2 When the claim was denied, an action in assumpsit was commenced to recover survivor’s loss benefits, plus attorney’s fees and costs. The assumpsit action resulted in the entry of a summary…