concurring and dissenting.
I would reverse the order of the Superior Court in its entirety and reinstate the orders of the Court of Common Pleas of Dauphin County which dismissed appellee’s class action and the action against appellant Erie Insurance Exchange. Those actions improperly sought the payment of work-loss benefits to the estates of deceased victims of automobile accidents, benefits which were intended by the Legislature to be available only to a victim of an automobile accident who has not died as a result of it. See Freeze v. Donegal Mutual Insurance Co., 504 Pa. 218, 470 A.2d 958 (1983) (Roberts, C.J., dissenting).