Tomczak v. Erie Insurance Exchange

OPINION AND ORDER

MARSH, District Judge.

On June 5, 1964, the plaintiff, Joseph V. Tomczak, administrator of the Estate of Walter J. Mish, deceased, filed suit under the “Innocent Victim Insurance” coverage of an automobile liability policy issued to the plaintiff’s decedent, Mish, by the defendant, Erie Insurance Exchange.

The claim under the Innocent Victim Insurance coverage is for $10,000, and the claim under “Expenses for Medical Services and Death Benefit” coverage is $3,000. After the complaint was filed, $2,016 was paid into court, being an undisputed amount due the plaintiff…