Cooke v. Travelers Insurance

WIEAND, Judge:

The sole issue in this appeal is whether the trial court erred when it held as a matter of law that no-fault work loss benefits could not be recovered by a claimant who sustained injuries when he fell while descending from a tank truck which he had mounted for the purpose of priming a pump thereon. We conclude that the court’s ruling must be reversed.

An action in assumpsit was instituted by Paul C. Cooke, Jr., the appellant, for the purpose of recovering work loss benefits from Fireman’s Insurance Company of Newark (Fireman’s), the appellee, 1 which had written the insurance on…