Miller v. Prudential Property & Casualty Insurance

OLSZEWSKI, Judge:

At issue is a claim for work loss benefits under the Pennsylvania No-Fault Motor Vehicle Insurance Act, 40 P.S. Sec. 1009.101 et seq. Ruling that the claim was time-barred, the lower court granted summary judgment in favor of Prudential Property and Casualty Insurance Company. This appeal followed.

Section 106(c)(1) requires commencement of suit within two years of the date the victim “suffers the loss and either knows or, in the exercise of reasonable diligence should have known, that the loss was caused by the accident.” 40 P.S. Sec. 1009.106(c)(1). Our Supreme Court, in…