Castello v. Fireman's Fund Insurance

FINKELHOR, J.,

case is before the court en banc for disposition of the mo*607tion for summary judgment filed by defendant insurance carrier. The sole issue is whether the estate of a retiree is entitled to work-loss benefits under the Pennsylvania No-fault Act, 40 P.S. ,§1009 et seq., based on income derived from pension and social security benefits.

The facts are not in dispute. On February 16, 1982, plaintiff’s decedent Carl E. Foltmar was struck by a vehicle while crossing a street.1 The driver of the vehicle was insured by defendant Fireman’s Fund, in accordance with the No-fault Act. As a…