Donegal Mutual Insurance v. State Farm Mutual Automobile Insurance

WIEAND, Judge:

The issue in this appeal is whether an uninsured pedestrian, who has been struck by an insured vehicle, is a member of the household of a cousin from whom the pedestrian rented a room in order to have a place to stay when he was in Harrisburg. This issue must be determined in order to decide whether it is the insurer of the offending motor vehicle or the insurer of the cousin’s non-involved vehicle which is liable for basic loss benefits under the now repealed No-fault Motor Vehicle Insurance Act. 1 Before reaching this issue, however, we must first determine whether the trial…