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Keystone Aerial Surveys, Inc. v. Pennsylvania Property & Casualty Insurance Guaranty Association

Summary judgment in favor of defendant reversed in case involving wrongful death claims of five family members who survived the father of the family killed in an airplane crash; held that the Pennsylvania Insurance Guaranty Association Act did not cap the recovery at $300,000 for all five claimants but, rather, allowed each of the plaintiffs to recover $300,000 from defendant.

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� 1 Appellants, Keystone Aerial Surveys, Inc. (Keystone), et al., appeal from the order dated June 27, 2000, granting summary judgment to Pennsylvania Property and Casualty Insurance Guaranty Association (PIGA). In this case of first impression, we are asked to interpret � 991.1803(b)(1)(i)(B) of the Pennsylvania Insurance Guaranty Association Act (the Act). *fn1 Appellants argue that this section allows each of five plaintiffs in an underlying wrongful death case to recover $300,000 from PIGA. In contrast, PIGA argues that this section caps the recovery for all five plaintiffs to $300,000 in the aggregate. The trial court found in favor of PIGA. We reverse and remand for further proceedings.

� 2 The facts and procedural history of the case are as follows. *fn2 Thomas Campbell, a Texas resident, was a passenger in an airplane which crashed near Battle Mountain, Nevada, on May 28, 1994. Mr. Campbell’s wife and four surviving children (collectively, the Campbells) are all residents of Texas. Keystone, a Pennsylvania corporation, owned, maintained, operated, and controlled the airplane.

� 3 In September 1994, the Campbells filed a complaint against Keystone in the United States District Court for the Southern District of Texas. *fn3 The complaint set forth claims for: (1) wrongful death and survival under the Texas Wrongful Death Act, Tex. Civ. P. Rev. Code � 71.001 et seq.; (2) negligence; (3) gross negligence; and (4) in the alternative, a workers’ compensation claim under the Pennsylvania Workers’ Compensation Act, 77 P.S. � 1 et seq. *fn4

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