Colosimo v. Nationwide Insurance
Colosimo v. Nationwide Insurance
Opinion of the Court
The sole issue presented in this appeal is whether the estate of the deceased victim is entitled to recover work loss benefits pursuant to the Pennsylvania No-Fault Motor Vehicle Insurance Act (hereinafter No-fault Act).
Dennis J. Colosimo was killed in an automobile accident on December 8, 1979. At the time of the accident, the decedent had been employed; however, no one was dependent upon him for support. Appellant, as administrator of the decedent’s estate, sought payment of work loss benefits under the personal automobile insurance policy which the victim had maintained with Nationwide Insurance Company, appellee herein. Appellant’s claim was denied. The lower court ruled that a no-fault survivor was necessary for appellant to maintain an action for work-loss benefits. Since appellant concededly had no survivors according to the language of the No-fault Act, the lower court dismissed
The No-fault Act established a comprehensive compensation system for persons who sustain losses resulting from automobile accidents. “Basic loss” benefits, that is, benefits provided in accordance with the No-fault Act for the net loss sustained by a victim,
(A) loss of gross income of a victim, as calculated pursuant to the provisions of section 205 of this act; and
(B) reasonable expenses of a victim for hiring a substitute to perform self-employment services, thereby mitigating loss of income, or for hiring spbcial help, thereby enabling a victim to work and mitigate loss of income.
40 P.S. § 1009.103. Appellee argued, and the lower court agreed, that the decedent’s estate was not entitled to receive work loss benefits, which are limited to a victim or any “survivor” of a deceased victim as defined by the No-fault Act.
This issue is not new to this Court. In Freeze v. Donegal Mutual Insurance Co., 301 Pa.Super. 344, 447 A.2d 999 (1982), we specifically addressed the question of whether a deceased victim’s estate was eligible for work, loss benefits. Therein, the administrator of an eleven-year-old’s estate sought to recover work loss benefits. A panel of this Court (Hester, J. dissenting) unequivocally held that the estate of a deceased victim was entitled to recover work loss benefits under the No-Fault Act. Freeze and its progeny permitted
The Pennsylvania Supreme Court was recently confronted with this issue when it granted review of our decision in Freeze. A majority of that court held that a deceased victim’s estate is entitled to work loss benefits. In so ruling, it opined:
... a person who dies as a result of injuries sustained in a motor vehicle accident is, within the meaning of the No-fault Act, a victim. That an injured victim is entitled to basic loss benefits under the Act is beyond question. The fact that a “victim” dies as a result of his injuries and becomes, a deceased “victim”, makes him no less a “victim” entitled to benefits under the provisions of the Act. A personal representative in the person of the executor or administrator of his estate stands in the shoes of the deceased victim as far as entitlement to benefits is concerned; the events of a victim’s death activates the rights of statutory survivors to benefits under the Act. However, the activation of survivors’ rights does not diminish or erase the victim’s rights even though he now be a deceased victim, (footnotes omitted).
Donegal Mutual Ins. Co. v. Freeze, 504 Pa. 218, 470 A.2d 958 (1983). Thus, the Supreme Court has determined that the right to work loss benefits survives the death of the victim and inures to the benefit of his estate.
Judgment reversed and case remanded for further proceedings to determine the amount of work loss benefits to be awarded to appellant. Jurisdiction is relinquished.
. Act of July 19, 1974, P.L. 489, No. 176, 40 P.S. § 1009.101 et seq.
. 40 P.S. § 1009.103.
. 40 P.S. § 1009.201(a).
. A “survivor” is designated as a:
(A) Spouse; or
(B) Child, parent, brother, sister or relative dependent upon the deceased for support.
40 P.S. § 1009.103.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.