Long v. Rockwood Insurance

5 Pa. D. & C.3d 457, 1978 Pa. Dist. & Cnty. Dec. LEXIS 407
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedApril 13, 1978
Docketno. 5157
StatusPublished

This text of 5 Pa. D. & C.3d 457 (Long v. Rockwood Insurance) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Long v. Rockwood Insurance, 5 Pa. D. & C.3d 457, 1978 Pa. Dist. & Cnty. Dec. LEXIS 407 (Pa. Super. Ct. 1978).

Opinion

GELFAND, J.,

— This matter comes before the court on the petition of Frank Long (hereinafter called “petitioner”) to compel the [458]*458Rockwood Insurance Company (hereinafter called “respondent”) to pay basic loss benefits allegedly overdue, together with interest and reasonable attorney’s fees, pursuant to the provisions of the Pennsylvania No-fault Motor Vehicle Insurance Act1 (hereinafter called “the No-fault Act”).

The record indicates the following:

Petitioner suffered injuries when the motor vehicle he was operating was struck by another vehicle on August 25, 1976, as a result of which petitioner alleges he incurred $1,060 in medical costs and $4,136 in lost wages.

Petitioner sought to recover said losses from respondent as an insured under an automobile insurance policy issued by respondent to Bernice Long, with whom petitioner is related and resides.

Inasmuch as respondent has failed to compensate him for losses he claims under the terms of the policy, petitioner commenced this action by petition and rule, seeking payment of the aforementioned benefits, together with interest at 18 percent per annum on the overdue benefits, in addition to a reasonable attorney’s fee of $400.

The petition was filed with the prothonotary on September 1, 1977, to which respondent filed its answer and thereafter argument was heard, at which time the following issues were raised:

I. Whether a claim to recover unpaid no-fault medical and wage loss benefits, interest, and attorney’s fee can be commenced by petition and rule.

II. Whether petitioner has established that benefits under the No-fault Act are overdue.

[459]*459I.

The general rule in this Commonwealth is that actions must be commenced in accordance with the Rules of Civil Procedure: Hartmann v. Peterson, 438 Pa. 291, 265 A. 2d 127 (1970); Com. v. Livingood, 22 Pa. Commonwealth Ct. 530, 349 A. 2d 816 (1976). This encompasses a summons, a complaint or an agreement for an amicable action.2

However, exceptions to the general rule exist and an alternative process may sometimes be used to commence an action when the legislature establishes a specific procedure therefor: Com. v. Dauphin County, 354 Pa. 556, 47 A. 2d 807 (1946); Com. v. Livingood, supra; Com. v. Derry Twp., 10 Commonwealth Ct. 619, 314 A. 2d 868 (1973). Specifically, a petition and rule may be utilized as original process where a statute so authorizes: Pennsylvania Crime Comm. Petitions, 446 Pa. 152, 285 A. 2d 494 (1971); Com. v. Derry Twp., supra. See, e.g., Act of May 22, 1935, P.L. 228, sec. 1, 12 P.S. §847 (declaratory judgments); Act of June 4, 1901, P.L. 404, sec. 7, 39 P.S. §31 (insolvency proceedings).

The sections of the No-fault Act pertaining to the issues involved herein provide as follows:

“If no-fault benefits have not been paid for loss arising Otherwise than from death, an action therefor may be commenced not later than two years after 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, or not later than four years after the accident, which ever is earlier. If no-fault benefits have [460]*460been paid for loss arising otherwise than from death, an action for further benefits, other than survivor’s benefits, by either the same or another claimant; may be commenced not later than two years after the last payment of benefits.” §106(c)(l), 40 P.S. §1009.106(c)(1). (Emphasis supplied.)
“After a hearing upon application by any interested person and reasonable notice to all other interested persons, and upon findings supported by evidence, a court of competent jurisdiction may enter an order determining that an obligor of basic loss benefits applicable to an injury is responsible, subject to the limits and other terms and conditions of the coverage, for the cost of a specified procedure or treatment for rehabilitation to which the injured person has submitted or does thereafter submit.” §404(a), 40 P.S. §1009.404(a). (Emphasis supplied.)

Analysis of the entire act, including these two sections, indicates that the only reference regarding institution of proceedings for an unpaid claim for no-fault benefits are the words “action” and “hearing upon application.” In order to determine what is meant thereby we must resort to the rules of statutory construction and the purposes of the No-fault Act.

The object pf statutory construction is to ascertain and effectuate the intention of the General Assembly: Leach v. Philadelphia Sav. Fund Soc., 234 Pa. Superior Ct. 486, 340 A. 2d 491 (1975); Statutory Construction Act of November 25, 1972, 1 Pa.C.S.A. §1921(a). Every statute shall be construed, if possible, to give effect to all of its provisions. “‘The Legislature cannot be deemed to intend that its language be superfluous and without import.’” Triumph Hosiery Mills, Inc. v. Com., 469 [461]*461Pa. 92, 364 A. 2d 919, 921 (1976); Statutory Construction Act of 1972, 1 Pa.C.S.A. §1921(a).

When the words of the statute appear to be in-explicit, as in the instant case, the intention of the General Assembly may be ascertained by considering, among other things, the occasion and necessity of the statute, the mischief to be remedied, and the object to be obtained: Pennsylvania Labor Rel. Bd. v. State College Area School Dist., 461 Pa. 494, 337 A. 2d 262 (1975); Statutory Construction Act of 1972, 1 Pa.C.S.A. §1921(c).

In addition, we are directed to construe the provisions of the No-fault Act liberally to effect its objects and to promote justice: Statutory Construction Act of 1972, 1 Pa.C.S.A. §1928(c).

The No-fault Act itself provides some indicia of the legislature’s intent. In section 102(a) of the act,3 the General Assembly made legislative findings which illuminate the occasion and necessity of the statute and the mischief to be remedied. Among other things, the legislature found that “it is necessary and proper to have a Statewide low-cost, comprehensive, and fair system of compensating and restoring motor vehicle accident victims and the survivors of deceased victims.” It further found that a system of insurance law which assures every victim of payment of all his basic medical and rehabilitation costs, and recovery of a reasonable amount of work loss, replacement services and survivor’s loss, without the delays occasioned by the need to determine fault is such a low-cost, comprehensive and fair system.

Based upon its findings the General Assembly asserted its policy to be “to establish at reasonable [462]*462cost to the purchaser of insurance, a Statewide system of prompt and adequate basic loss benefits for motor vehicle accident victims and the survivors of deceased victims.” §102(b), 40 P.S. §1009.102(b). (Emphasis supplied.)

Underscoring its object of providing prompt payments, the legislature stipulated that the designated “benefits are payable monthly as loss accrues . . . [and] . . . are overdue if not paid within thirty days after the receipt by the obligor of each submission of reasonable proof of the fact and amount of loss sustained.” §106(a), 40 P.S. §1009.106(a).

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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)
Pennsylvania Labor Relations Board v. State College Area School District
337 A.2d 262 (Supreme Court of Pennsylvania, 1975)
Commonwealth v. DERRY TOWNSHIP
314 A.2d 868 (Commonwealth Court of Pennsylvania, 1973)
Triumph Hosiery Mills, Inc. v. Commonwealth
364 A.2d 919 (Supreme Court of Pennsylvania, 1976)
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)

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Bluebook (online)
5 Pa. D. & C.3d 457, 1978 Pa. Dist. & Cnty. Dec. LEXIS 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-rockwood-insurance-pactcomplphilad-1978.