Smith v. Harleysville Insurance

WIEAND, Judge:

The issue in this appeal is whether an insurance company which improperly refuses to pay benefits under the Pennsylvania No Fault Motor Vehicle Insurance Act becomes liable for punitive damages. The trial court sustained the insur er’s preliminary objections and dismissed a count of the complaint which requested an award for punitive damages. The plaintiff appealed.

Brenda Smith alleged that she had sustained personal injuries while riding as a passenger in a vehicle which had been involved in an accident. In the first count of her complaint she alleged that Harleysville…