Erie Insurance Exchange v. Balinski

16 Pa. D. & C.3d 137, 1980 Pa. Dist. & Cnty. Dec. LEXIS 256
Pennsylvania Court of Common Pleas, Erie County·Decided September 18, 1980·No. no. 6594-A-1980·Published

Opinion

ANTHONY, J.,

This action is now before the court on defendants’ preliminary objections to plaintiff’s petition for declaratory judgment. Although the issues raised will be resolved without reference to the underlying facts, a brief summary of plaintiff’s allegations provides a helpful background.

Plaintiff, Erie Insurance Exchange (Erie), has paid medical and wage loss benefits to defendant Balinski as a result of injuries sustained by Balinski when he was struck by an automobile. The payments were made pursuant to a no-fault insurance policy which Balinski had with Erie. Erie contends that the accident was compensable under The Pennsylvania Workmen’s Compensation Act of June 2, 1915, P.L. 736, as amended, 77 PS. §1 et seq., and that Erie is therefore entitled to reimbursement pursuant to the Pennsylvaina No-fault Motor Vehicle Insurance Act of July 19, 1974, P.L. 489, 40 PS. §1009.101 et seq. Specifically, section 1009.106(a)(3) provides that a no-fault carrier that has paid benefits to an injured employe shall be reimbursed by anyone obligated to pay workmen’s compensation benefits

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Erie Insurance Exchange v. Balinski, 16 Pa. D. & C.3d 137, 1980 Pa. Dist. & Cnty. Dec. LEXIS 256 (Pa. Super. Ct. 1980).

16 Pa. D. & C.3d 137 (Erie Insurance Exchange v. Balinski) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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