Solis v. Prudential Property & Casualty Insurance

BECK, Judge:

The issue presented is whether an insurance carrier may apply its insured’s coordination of benefits election under Section 203(b) of the Pennsylvania No-fault Motor Vehicle Insurance Act (“No-Fault Act”)1 to a non-relative who is injured while a passenger in the insured’s motor vehicle and who is covered under a private health and accident insurance plan. The appellant asserts that to allow recovery results in a windfall to a passenger in an insured motor vehicle.

At the time of the accident in question, appellee was a passenger in a motor vehicle owned by Joan Sommers and insured…