McMahon v. Caravan Refrigerated Cargo, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Pennsylvania Insurance Guaranty Association was entitled to deduct any amount of uninsured motorist benefits received by claimant from his own insurer
• holding PIGA responsible for a claim that resulted from a default judgment which had been entered against an insured whose carrier was later adjudicated insolvent
• holding under predecessor provision that PIGA was entitled to offset amount recovered from claimant’s own automobile insurer for uninsured motorist benefits, but not for amount recovered by wife for loss of consortium claim
• distinguishing Verner and concluding the prejudgment interest issue was waived because, unlike Verner, “the issue of pre- judgment interest was not raised in appellee’s post-trial motions[]”
• Wife's recovery for loss of consortium is separate and distinct from injuries of husband’s injury in traffic accident.
• plaintiff obtained default judgment against defendant whose insurer became insolvent, and plaintiff thereafter filed separate action seeking recovery from PPCIGA

Source: CourtListener parenthetical corpus (CC0).