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Prudential Property and Casualty Insurance Co. v. Ziatyk

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�1 This appeal has been taken from the order entered in this declaratory judgment action which held that Helen Ziatyk was not entitled to underinsured motorist benefits under the policy issued to her husband by appellee Prudential Property and Casualty Insurance Company (hereinafter Prudential) because the rental truck in which Helen Ziatyk was injured while riding as a passenger was not a “car” as defined by the Prudential policy. As this ruling constituted an error of law, we are constrained to reverse.

�2 The Motor Vehicle Financial Responsibility Law requires that an insurer [i]ssuing or delivering liability insurance policies covering any motor vehicle of the type required to be registered under this title, except recreational vehicles not intended for highway use, motorcycles, motor-driven cycles, or motorized pedal cycles or like type vehicles, registered and operated in this Commonwealth, shall include coverage providing a medical benefit in the amount of $5,000 …. 75 Pa.C.S. � 1711(a) (emphasis supplied).

�3 Section 1731 of that same Act further provides:

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