Pennsylvania National Mutual Casualty Insurance v. Burnetti

Pope, Judge.

The appellee filed suit against the appellant insurer seeking to recover Personal Injury Protection, or “no-fault,” benefits allegedly owed him due to his having been “struck by a motor vehicle” operated by the appellant’s insured. During his deposition, the appellee testified that while using a public telephone located at an intersection, he observed the insured driving towards him on a collision course with the telephone stand. He stated that he was able to jump out of the way and avoid being struck by the vehicle before it collided with the telephone stand but that in doing so…