Kudia v. Nationwide Insurance

16 Pa. D. & C.3d 204, 1980 Pa. Dist. & Cnty. Dec. LEXIS 267
CourtPennsylvania Court of Common Pleas, Lancaster County
DecidedAugust 21, 1980
Docketno. 120
StatusPublished

This text of 16 Pa. D. & C.3d 204 (Kudia v. Nationwide Insurance) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lancaster County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kudia v. Nationwide Insurance, 16 Pa. D. & C.3d 204, 1980 Pa. Dist. & Cnty. Dec. LEXIS 267 (Pa. Super. Ct. 1980).

Opinion

BUCHER, J.,

The matter before the court concerns the procedure to be used when instituting proceedings under the Pennsylvania No-fault Motor Vehicle Insurance Act of July 19, 1974, PL. 489, 40 PS. §1009.101 et seq.

On February 14, 1980 petitioner, Elizabeth Kudia, filed, and on March 10, 1980 presented, a petition and rule to show cause why respondent Nationwide should not pay no-fault benefits allegedly due her under the No-fault Act. The rule was signed and was made returnable in thirty days and a hearing was scheduled for April 9, 1980. Nationwide, having been served with a copy of the petition and rule on March 13, 1980, filed a motion to discharge the petition and rule. The scheduled hearing has been continued pending disposition of this motion, which is now before us.

The issue presented by Nationwide’s motion is whether or not an action may be commenced for the payment of allegedly overdue no-fault benefits by filing a petition and rule to show cause.

Pa.R.C.P. 1007 provides that an action may be commenced by filing a praecipe for a writ of summons, a complaint, or an amicable action. As a general rule of practice, an action must be commenced in accordance with Rule 1007: Hartmann v. Peterson, 438 Pa. 291, 265 A. 2d 127 (1970).

The only exceptions to this rule occur where a specific procedure is laid down by statute: Com. v. Dauphin County, 354 Pa. 556, 47 A. 2d 807 (1946); Com. v. Livingood, 22 Pa. Commonwealth Ct. 530, 349 A. 2d 816 (1976).

Petitioner, in her brief opposing respondent’s motion, cites Long v. Rockwood Ins. Co., 5 D. & C. 3d 457 (1978), as supporting the use of a petition and rule to commence an action under the No-fault Act. [206]*206In that case, the Court of Common Pleas of Philadelphia County held that the No-fault Act does authorize such an exception to Pa.R.C.P. 1007. After close scrutiny of the act and the opinion in Long, we are unable to find any support for such authorization.

Because we are differing with a decision which has been regarded as an authority on this issue it is important to make clear the points of divergence, and we will therefore proceed along the same course of inquiry as conducted in Long.

The court in Long cited two cases, at p. 459, where legislative intent to allow special procedure for commencement of an action other than under Pa.R.C.P. 1007 was found:

In Pennsylvania Crime Comm. Petitions, 446 Pa. 152, 285 A. 2d 494 (1971), proceedings under the Pennsylvania Crime Commission Act of October 4, 1978, P.L. 876, 71 P.S. §1190.1, whereby the commission may “seek the aid of” the court to enforce compliance with its subpoenas, were held not to fall within the category of an action under Rule 1007 and institution of proceedings by petition and rule was held proper.

In Com. v. Derry Twp., 10 Pa. Commonwealth Ct. 619, 314 A. 2d 868 (1973), proceedings by the Department of Environmental Resources to enforce its orders against the corporate authorities of a municipality under the Clean Streams Law of June 22, 1937, P.L. 1987, as amended, 35 P.S. §691.1, were held not to be a Rule 1007 action, and again the petition procedure was upheld.

However, both Pennsylvania Crime Comm. Petitions and Derry were cases in which a Commonwealth body was seeking to enforce subpoenas or [207]*207orders already issued by it under statutory authority; in the case before us, petitioner is a private individual seeking to enforce payment of allegedly overdue benefits and not compliance with orders already issued.

The court in Long, at pp. 459-460, used the language from two sections of the No-fault Act relating to instituting proceedings as the basis of its conclusion as to the use of a petition and rule; the act states that “an action . . . may be commenced” for overdue no-fault benefits, 40 P.S. § 1009.106(c)(1), and that responsibility for the cost of special rehabilitative treatment may be determined by the court “[ajfter a hearing upon application” by any interested person: 40 P.S. § 1009.404(a).

The Long court thereupon resorted to the rules of statutory construction to determine the meaning of these words. We take the same approach but arrive at a different conclusion.

The primary rule of statutory construction is to ascertain and effectuate the intent of the legislature as expressed in the statute: Leach v. Philadelphia Sav. Fund Soc., 234 Pa. Superior Ct. 486, 490, 340 A. 2d 491 (1975).

Every statute shall be construed, if possible, to give effect to all its provisions: Statutory Construction Act of 1972, 1 Pa.C.S.A. § 1921(a).

When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit: 1 Pa.C.S.A. § 1921(b).

Section 1921(c) indicates the factors to be considered where the words of the statute are not explicit.

The court in Long considered the words of sections 106(c)(1) and 404(a) of the No-fault Act to [208]*208“appear to be inexplicit.” We disagree. There is nothing unclear about the words “an action . . . may be commenced” and “hearing upon application. ...” The way to commence an action is prescribed in Pa.R.C.P. 1007. We agree that the hearing under 40 P.S. § 1009.404(a) would be requested by petition, but this special section, relating to a particular type of treatment arising from an auto accident, neither expressly nor implicitly refers in any way to the institution of an action to compel payment of overdue no-fault benefits. The very fact that the act has no section laying down the procedure to be used but rather refers to the commencement of an action without further qualification clearly indicates that the procedure to be used is that which is generally used. No matter how desirable or corner-cutting the petition approach may or may not be, we cannot find in the act that which is absolutely not there.

However, even if we further follow the Long court’s statutory construction route, we cannot share in its conclusion. The act, 40 P.S. § 1009.102(a), emphasizes the need for “a Statewide low-cost, comprehensive, and fair system of compensating and restoring motor vehicle accident victims;” section 102(b) requires a system of prompt and adequate basic loss benefits. Towards achieving this, the legislature has eliminated the need to determine fault and has laid down penalties for obligors who unreasonably withhold benefits: sections 106(a)(2) and 107(3). The Long court felt also that the legislature intended actions to be brought “in a relatively speedy and inexpensive manner to compel prompt payment.” Long, supra, at p. 462. While such aspiration may be inferred from the words of section 102, the act [209]*209nonetheless specifies no exceptional procedure for the commencement of an action for benefits. It would be inconsistent for the legislature, having enacted specific measures to further its expressed intent, to hope that others would be adopted by mere implication.

The Statutory Construction Act, 1 Pa.C.S.A. §1991, defines “action” to mean “any suit or proceeding” in any court of this Commonwealth. Long asserts at p. 462, that “this definition would appear to permit the institution of a claim either by petition and rule or by complaint in conformity with Pa.R.C.P. 1007.” We fad to see the logic in this statement; such a definition cannot “appear to permit” anything in the face of Rule 1007 which expressly requires

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Related

Leach v. Philadelphia Saving Fund Society
340 A.2d 491 (Superior Court of Pennsylvania, 1975)
Hartmann v. Peterson
265 A.2d 127 (Supreme Court of Pennsylvania, 1970)
Commonwealth v. DERRY TOWNSHIP
314 A.2d 868 (Commonwealth Court of Pennsylvania, 1973)
Commonwealth v. Dauphin County
47 A.2d 807 (Supreme Court of Pennsylvania, 1946)
Pennsylvania Crime Commission Petitions
285 A.2d 494 (Supreme Court of Pennsylvania, 1971)
Commonwealth v. Livingood
349 A.2d 816 (Commonwealth Court of Pennsylvania, 1976)
In re Correction of Official Records With Civil Action
404 A.2d 741 (Commonwealth Court of Pennsylvania, 1979)

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Bluebook (online)
16 Pa. D. & C.3d 204, 1980 Pa. Dist. & Cnty. Dec. LEXIS 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kudia-v-nationwide-insurance-pactcompllancas-1980.