Flagg v. Puleio

• Citation: 189 Pa.Super. 329,150 A.2d 400
• Parties: Robert H. FLAGG and Lola Flagg, Appellants, v. Eugene PULEIO, Defendant, and Allstate Insurance Company, Garnishee.
• Decision Date: 16 April 1959
• Court: Pennsylvania Superior Court

Page 400

150 A.2d 400 189 Pa.Super. 329 Robert H. FLAGG and Lola Flagg, Appellants,
v.
Eugene PULEIO, Defendant,
and
Allstate Insurance Company, Garnishee. Superior Court of Pennsylvania. April 16, 1959.

[189 Pa.Super. 330] Samuel J. Goldstein, Pittsburgh, for appellants.

Dickie, McCamey, Chilcote & Robinson, Robert E. Wayman, Pittsburgh, for appellees.

Before RHODES, P. J., and HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN and WATKINS, JJ.

ERVIN, Judge.

This is an appeal from an order of the court below entering judgment for Allstate Insurance Company, [189 Pa.Super. 331] garnishee, on plaintiffs' motion for judgment on the pleadings filed in an attachment execution instituted by the plaintiffs, Robert H. Flagg and Lola Flagg, his wife, against Eugene Puleio, the defendant, and Allstate Insurance Company (hereinafter called 'Allstate') as garnishee, based upon judgments in favor of plaintiffs in an action in trespass against the defendant Puleio. This action was not defended by Puleio and judgments were had in default and on October 25, 1954 the damages were assessed

Page 401

by a jury in favor of the wife in the amount of $1,900 and in favor of the husband in the amount of $1,000.

On January 18, 1953 the defendant Puleio, at the request of the wife-plaintiff, was driving her to her home in an Oldsmobile automobile owned by plaintiffs; defendant fell asleep while en route; the car ran off the road and struck a pole, as a result of which the wife-plaintiff suffered personal injuries and husband-plaintiff's car was damaged. At the time of the accident defendant Puleio owned a Studebaker automobile and was covered by a liability insurance policy which had been issued to him by The Travelers Indemnity Company. The suit papers in the trespass action were duly forwarded by Puleio to The Travelers Indemnity Company, which denied its liability and returned the papers to Puleio with the statement that they should be forwarded to Allstate. The suit papers were never forwarded to Allstate.

At the time of the accident plaintiffs had coverage under a policy issued by Allstate which protected them against liability for personal injuries and loss or damage to property arising from the operation of their Oldsmobile car as well as for damages to the vehicle arising from collision or upset. The policy likewise indemnified Puleio as an unnamed insured while driving the Flaggs' car as appears under clause X, Definitions,[189 Pa.Super. 332] which provides: '1. The...