Persik v. Nationwide Mutual Insurance

WIEAND, Judge:

The sole issue in this appeal is whether a person who is unemployed when a vehicular accident occurs may assert a claim under the income loss benefit provision of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL).1 The trial court held that an unemployed person cannot recover lost income and entered summary judgment in favor of the defendant insurance company. We reverse. An injured person ma> recover income loss benefit by showing that “but for” the accident, he or she would have worked and earned income.

On July 20, 1985, Julia C. Persik, while operating an…