Bauman v. Nationwide Insurance

29 Pa. D. & C.3d 189, 1984 Pa. Dist. & Cnty. Dec. LEXIS 435
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedFebruary 24, 1984
Docketno. 82-5191-15-1
StatusPublished

This text of 29 Pa. D. & C.3d 189 (Bauman v. Nationwide Insurance) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bauman v. Nationwide Insurance, 29 Pa. D. & C.3d 189, 1984 Pa. Dist. & Cnty. Dec. LEXIS 435 (Pa. Super. Ct. 1984).

Opinion

SOKOLOVE, J.,

Plaintiff, Alan J. Bauman, commenced this suit by filing a complaint in assumpsit on or about July 14, 1982. On or about June 16, 1983, a panel of arbitrators under compulsory arbitration rules, Pa.R.C.P. 1301-1313, found in favor of plaintiff for medical expenses, lost wages, attorney fees and interest. [190]*190Pursuant to Pa.R.C.P. 1308, defendant filed an appeal from the award of the Board of Arbitrators, and the case was called before the undersigned without a jury. The facts were stipulated to by both parties and memoranda of law were filed in lieu of argument. The case is ready for disposition.

FINDINGS OF FACT

1. Plaintiff, Alan J. Bauman, resides at Box 244, R.D. no. 4, Quakertown, Bucks County, Pa.

2. Defendant, Nationwide Insurance Companies, is a corporation licensed to transact the business of insurance in Pennsylvania with offices at 1000 Nationwide Drive, P.O. Box 2655, Harrisburg, Dauphin County, Pa, 17105.

3. Defendant issued to plaintiff an insurance policy in accordance with the provisions of the Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. §1009.100 et seq.

4. Said policy of insurance was in full force and effect on or about August 26, 1978.

5. On or about August 26, 1978, plaintiff, while operating his insured motor vehicle, was involved in an accident, which resulted in, inter alia, a fracture of plaintiffs arm.

6. As a result of this accident, plaintiff was treated by Dr. Carl A. Hansen, an Orthopedic Surgeon operating out of the Sellersville area.

7. On or about March 27, 1979, Dr. Hansen performed surgery on plaintiff, inserting a metal plate in plaintiffs arm.

8. At the time the plate was implanted, there was no reason for plaintiff to expect that it would be necessary to have it removed, as it was the type intended to be permanent.

9. On or about October 9, 1979, plaintiff was paid [191]*191his medical expenses pursuant to the No-fault coverage of his insurance policy.

10. Around February of 1982, plaintiff started experiencing pain in the injured arm.

11. At no time prior to February of 1982 did plaintiff know or have reason to know of the need for further surgery.

12. Plaintiff went back to Dr. Hansen and was told that the plate would have to be removed.

13. On or about May 4, 1982, plaintiff underwent further surgery to remove the plate.

14. As a result, plaintiff incurred medical expenses, including hospital, anesthesia and surgery, totaling $977.

15. As a further result, plaintiff suffered a loss of earnings in the amount of $468.29.

16. Following this additional treatment and surgery, plaintiff gave notice to defendant and submitted a bill to defendant, claiming the additional expenses incurred.

17. Defendant refused to pay plaintiff any additional sum of money claiming that 40 P.S. §1009.106(c)(1) of the Pennsylvania No-fault Act barred any claim presented more than two years after the last no-fault benefits had been paid.

18. This action was brought by plaintiff against Nationwide on or about July 14, 1982,

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Bluebook (online)
29 Pa. D. & C.3d 189, 1984 Pa. Dist. & Cnty. Dec. LEXIS 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bauman-v-nationwide-insurance-pactcomplbucks-1984.