Erie Insurance Exchange v. Danielson

WOLFE, P.J.,

For disposition are defendant’s preliminary objections to plaintiff’s complaint seeking declaratory judgment on the terms of its vehicle insurance coverage. Defendant raises an issue of our jurisdiction to determine the issue and a demurrer to the complaint.

*139The factual background is not in dispute. On May 3, 1987, defendant, a passenger in a motor vehicle operated by Brian Petruney, collided head-on with a vehicle operated by Doreen Flick, the latter being uninsured. Defendant sustained injuries; and at a prior action defendant recovered, through Erie Insurance Exchange, a portion…