The state Superior Court has determined a family that initially chose not to stack insurance coverage for the cars they owned could still recover stacked insurance benefits because, when they added a new car to the policy several years later, the insurance carrier failed to obtain a waiver opting out of stacked coverage.
On Nov. 14, 2011, plaintiff Tammi Peffer Grumski, 44, a nurse practitioner, was involved in a rear-end collision in Allison Park. She had been stopped at the intersection of William Flynn Highway (Route 8) and McCully Road when her Mercury Montego sedan was rear-ended by a Dodge Caravan minivan traveling 45 to 50 mph. She claimed her head struck the steering wheel and she suffered brain damage.
On Oct. 13, 2013, plaintiff Calvin Johns, 56, was driving in the 6600 block of north Oxford Avenue, near Magee Avenue, in Northeast Philadelphia, when his van was rear-ended by a sport utility vehicle.
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Powell v. Unemployment Comp. Bd. of Review, PICS Case No. 17-0527 (Pa. March 28, 2017) Dougherty, J., Baer, J. (concurring and dissenting), Todd, J. (dissenting) (28 pages).
Commonwealth Court erred in holding that the unemployment compensation referee and the UCBR could not apply the terms of disciplinary enforcement rule 217 and the Supreme Court's suspension orders in its tribunals. Reversed in part and affirmed in part.
Trial court did not abuse its discretion in denying appellant's recusal motion and in dismissing appellant's complaint under Pa.R.C.P. 233.1 because rule 233.1 was not void for vagueness and her continued vexatious conduct in filing more than 80 complaints in multiple courts over the same issues warranted the award of attorney fees and the issuance of a filing injunction. Affirmed.
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