Gray v. State Farm Insurance

POPOVICH, Judge:

This is an appeal from the Order of the Court of Common Pleas of Allegheny County granting “partial summary judgment” in favor of the plaintiff-Robert L. Gray, Jr., and against the defendant-State Farm Mutual Automobile Company. We quash.

On February 10, 1982, the plaintiff, as the administrator of the estate of Robert J. Gray, III, filed a complaint in assumpsit seeking, pursuant to the decedent’s policy of insurance with the defendant, “work loss benefits in the amount of $15,000.00” and “survivor’s loss benefits in the amount of $5,000.00.”

In answer, the defendant averred in…