Professional Flooring Co. v. Bushar Corp.

DISSENTING OPINION BY STRASSBURGER, J.:

Although not binding on this Court, I find persuasive the cases cited by Appellant on the issue of whether Brethren is entitled to subrogation, when the fees and costs assessed by the Claims Administrator exceeded the insurance payment. In Nationwide Mut. Ins. Co. v. Butler, 28 Pa., D. & C.3d 627 (Westmoreland Cty. 1983), Nationwide issued an automobile insurance policy to Butler which provided $15,000 in basic loss benefits and $10,000 in supplemental work coverage. Following an automobile accident, Nationwide paid Butler $15,000 and an additional…