# Kershner v. Prudential Insurance

> Superior Court of Pennsylvania · March 3, 1989 · 382 Pa. Super. 95

URL: https://www.frixlaw.com/law-library/cases/6308155

## Case

- **Full name:** Kathleen Carter KERSHNER v. PRUDENTIAL INSURANCE COMPANY
- **Court:** Superior Court of Pennsylvania
- **Decided:** March 3, 1989
- **Citations:** 382 Pa. Super. 95; 554 A.2d 964; 1989 Pa. Super. LEXIS 428
- **Precedential status:** Published
- **Opinion:** Concurrence by Sole
- **Judges:** Beck, Brosky, Cirillo, Files, Johnson, McEwen, Montemuro, Popovich, Sole, Tamilia
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6308155

## How later opinions describe it (automated extraction)

- stating that "[P]arties may bind themselves by stipulation on matters relating to individual rights and obligations, as long as their stipulations do not affect the court’s jurisdiction or due order of business ... stipulations are binding upon the court as well as on the part…

## Opinion text

DEL SOLE, Judge,
concurring:
I join the decision of the Majority as expressed in the Opinion by my distinguished colleague, Judge Justin Johnson. I write separately only to point out that the issue before this Court did not include the question of the failure of the trial court to award counsel fees. I believe that counsel fees should have been awarded to the Appellant on that portion of the claim involving the wage loss benefits. The Majority Opinion clearly points out that the Appellant received payment from her employer based upon a decision made by her employer after the accident. It is inconceivable that the carrier could have construed this to be a coordination of benefits matter. Therefore, I believe that *104 the carrier’s refusal to pay work loss benefits was unreasonable and counsel fees related to that recovery should have been awarded.
McEWEN, J. joins concurring statement by DEL SOLE, J.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6308155. Public record. Not legal advice.