Wright v. Allstate Insurance

HOFFMAN, Judge:

This appeal presents an issue of first impression: whether funeral expenses are “survivor’s benefits” within the meaning of section 1009.106(c)(2) of the No-fault Insurance Act.1 We hold that they are not and, accordingly, reverse the order of the court below.

Appellant’s husband died as a result of an auto accident on December 23,1975. On August 23,1977, appellant filed a complaint in assumpsit seeking repayment of $1500 in funeral expenses allegedly due her under a no-fault insurance policy.2 Appellee, Allstate Insurance Company, asserted in its answer that the suit was barred…