Stump v. State Farm Mutual Automobile Insurance Co.

POPOVICH, Judge:

This case involves an appeal from the October 3, 1988, order of the Court of Common Pleas of Washington County denying the motion for post-trial relief of the appellant/The Prudential Property & Casualty Insurance Company (here inafter Prudential). 1 We reverse in a case of first impression.

The facts of record indicate that, on May 29, 1982, Gary L. Stump was killed while a passenger in a vehicle involved in an accident on U.S. Route 40, east of Uniontown, Pennsylvania.

At the time of the accident, Gary was a resident in the household of his father, John M. Stump. The Stump…