Myers v. Commercial Union Assurance Companies

HUTCHINSON, Justice,

concurring.

I join the majority opinion. I read it as holding only that the interests of this state are more significantly implicated than those of Illinois in the dispute over who should ultimately pay this workman’s medical expenses. Therefore, under the conflict of laws principles we set forth in Griffith v. United Airlines, Inc., 416 Pa. 1, 203 A.2d 796 (1964), the Pennsylvania no-fault act applies and the Pennsylvania trial court properly commanded the Illinois workmen’s compensation carrier to reimburse the Pennsylvania no-fault carri*500er for medical expenses the latter advanced. Such a result would have encouraged the benevolent policy this state had under our repealed no-fault act of insuring immediate help for victims of Pennsylvania automobile accidents no matter what the laws of their home state or their other coverage.

I write only to disassociate myself from any implication in the majority opinion which may raise even a question, on due process grounds, of the power of Pennsylvania courts to hear Travelers’ claim for reimbursement. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct. 559, 62 L.Ed.2d 490 (1980); International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945); United Farm Bureau Mutual Insurance Co. v. U.S.F. & G., 501 Pa. 646, 462 A.2d 1300 (1983) (plurality by Hutchinson, J.). This case involves only a conflict of laws issue. That issue can be resolved in a forum in either Illinois or Pennsylvania. Presumably, either state, applying the Griffith analysis, which is itself in accord with Restatement (Second) of Conflicts § 145 (1971), would reach the same result. The power of either forum to hear the issue is, however, unquestioned.