Aetna Casualty & Surety Co. v. Borough of Hamburg

SAYLOR, J.,

After trial without a jury we found plaintiff’s right to recovery was limited by section 8553(d) of the Political Subdivision *455Tort Claim Act.1 Plaintiff now seeks a new trial claiming we were in error.

The facts are not in dispute.2 At issue is the interpretation of section 8553(d) which limits damages under the act. Subsection (d) reads:(d) Insurance Benefits — If a claimant receives or is entitled to receive benefits under a policy of insurance other than a fife insurance policy as a result of losses for which damages are recoverable under subsection (c), the amount of such…