# Gerardi v. Harleysville Insurance

> Superior Court of Pennsylvania · December 18, 1981 · 293 Pa. Super. 375

URL: https://www.frixlaw.com/law-library/cases/9543724

## Case

- **Full name:** Carol GERARDI v. HARLEYSVILLE INSURANCE COMPANY, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** December 18, 1981
- **Citations:** 293 Pa. Super. 375; 439 A.2d 160; 1981 Pa. Super. LEXIS 3914
- **Precedential status:** Published
- **Opinion:** Dissent by Hester
- **Judges:** Hester, Disalle, Popovich
- **Cited by:** 11 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/9543724

## Opinion text

HESTER, Judge,
dissenting:
I dissent. I would hold that the territorial restriction provision contained in the within uninsured motorist's policy of insurance is valid and enforceable as a matter of law. The statute is silent as to territorial coverage and/or limitation or exclusion. It is obvious that the Legislature did not consider this matter. The Legislature was concerned only with exclusion of property damage, personal injury claims which were settled without the knowledge of the insurer, or instances where no fault would insure to the benefit of a workmans compensation carrier.
It is of interest to here note that the Pennsylvania Supreme Court had the following comment concerning territorial no fault coverage, in State Farm Mutual Automobile Insurance Company v. Williams, 481 Pa. 130 , 392 A.2d 281 at 285 (1978):
The above statute mandates a floor of minimum protection to be afforded to the owner/operator of a motor vehicle within the Commonwealth. The legislature has permitted enhancement of that minimum protection, but we believe the statute does not permit a diminution of that protection below the statutory limits. (Emphasis added).
The majority would provide Pennsylvania no-fault benefits to an individual involved in an accident which occurred on the island of Santa Lucia while a passenger in an uninsured motor vehicle. I respectfully submit that this will further contribute to the fiasco known as Pennsylvania No-Fault.
I would reverse and enter Judgment on the pleadings in favor of appellant.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9543724. Public record. Not legal advice.