Rimpa v. Erie Insurance Exchange

MONTGOMERY, Judge:

This action was instituted by the plaintiff seeking motor vehicle insurance benefits from the defendant insurer. Both parties filed motions for summary judgment prior to trial. After consideration, the trial judge denied the insurer’s motion for summary judgment and granted partial summary judgment to the plaintiff. Subsequently, the plaintiff filed a petition for counsel fees, which was denied by the court. Thereafter, the defendant insurer appealed to our court, at No. 00873 Pittsburgh 1990, contending that the trial court erred in awarding summary judgment to the…