Nationwide Mutual Insurance v. Lehigh & Northampton Transportation Authority

BLACK, J.,

This declaratory judgment action is before the court on the cross-motions for summary judgment filed by the plaintiff, Nationwide Mutual Insurance Company, and by one of the defendants, Lehigh and Northampton Transportation Authority (LANTA). The issue raised by the cross-motions is whether the governmental immunity afforded local agencies under 42 Pa.C.S. §8541 shields a local agency from liability for first-party benefits under the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. §1700 et seq.

For the reasons that follow, we find that the statutory grant of governmental…