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Willie M. Hodges v. Juan A. Rodriguez

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eBook details

  • Title: Willie M. Hodges v. Juan A. Rodriguez
  • Author : Superior Court of Pennsylvania
  • Release Date : January 10, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

OPINION BY KELLY, J.: In this appeal, we must determine whether 75 Pa.C.S.A. § 1752 barred recovery of uninsured motorist benefits by a person who denied ownership of an inoperable, uninsured vehicle which nonetheless remained registered in that person's name
in Pennsylvania at the time of the accident from which the benefits claim arose. In addition, we are asked to decide whether a person who is eligible to receive uninsured motorist benefits is also entitled to Pa.R.Civ.P. 238 delay damages based upon an evaluation of full compensatory damages. We hold that the trial court properly granted Willie M. Hodges statutory recovery against appellants, Pennsylvania Financial Responsibility Assigned Claims Plan (Assigned Claims Plan) and Constitution State Service Company; and that it properly denied cross-appellant, Mr. Hodges, recovery of Rule 238 delay damages. Thus, we affirm the trial court's order entering judgment in this matter.


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