Harleysville Mutual Insurance v. Schuck

WIEAND, Judge:

If an insurer pays no-fault benefits to an uninsured owner/occupant of a motor vehicle pursuant to an assigned claim, may the insurer thereafter recover such payments in an action filed against the same, uninsured owner/occupant under Section 501 of the Pennsylvania No-fault Motor Vehicle Insurance Act? 1 The trial court held that there could be no recovery and sustained preliminary objections in the nature of a demurrer to the insurer’s complaint. We reverse.

Jean Miklavic Schuck, the defendant-appellee, was injured when the vehicle which she owned and which she was operating…