— This matter is presently before the court on the plaintiff’s motion for judgment on the pleadings. The pleadings establish that the plaintiff, United States Fidelity and Guaranty Company, insured Anna - D. Demko of Mahanoy City, Pennsylvania via a motor vehicle
The plaintiff has filed the instant motion in which it argues that, since the defendant was the admitted owner of an uninsured registered motor vehicle at the time of the accident, he was not entitled to first-party benefits and he must return the amount paid to him by USF&G. A motion for judgment on the pleadings may be granted in cases which are so free from doubt that a trial would clearly be a fruitless exercise. The motion is in the nature of a demurrer; all of the opposing party’s well-pled allegations are viewed as true but only those facts specifically admitted by him may be considered
The defendant admits that he was the owner of an “automobile hulk” which was registered to him at the time of the accident. However, he argues that since the automobile was not.operable at the time of the accident, it was not a motor vehicle within the meaning of the MVFRL. Therefore, it was not required to be insured and section 1714 does not operate to preclude him from collecting first-party benefits. We disagree.
Section 1714 of the MVRFL provides as follows:
“An owner of a currently registered motor vehicle who does not have financial responsibility or an operator or occupant of a recreational vehicle not intended for highway use, motorcycle, motor driven cycle, motorized pedalcycle or like type vehicle required to be registered under this title cannot recover first-party benefits.”
' The statute creates no exception for inoperable vehicles. It was clearly held in Allen v. Erie Insurance Co., 369 Pa. Super. 6, 534 A.2d 839 (1987), that if a motor vehicle has been registered with the Commonwealth and is uninsured at the time of the accident giving rise to the claim for first-party benefits, section 1714 operates to deny first-party benefits without consideration of the operability or driveability of the vehicle.
In accordance with the holding in Allen, we find that the defendant was not entitled to first-party benefits. We also find that the defendant’s conduct in refusing to return the payments to USF&G, once demand was made, constituted bad faith. It was made very clear in Allen that the operability of the vehicle is irrelevant under section 1714. It is inexcusable for the defendant to have insisted upon retaining the money when he clearly had no right to
We enter the following
ORDER
And now, April 12, 1991, upon consideration of the pleadings, it is hereby ordered that plaintiff’s motion for judgment on the pleadings is granted.
Judgment shall be entered in favor of the plaintiff in the sum of $5,737.50 plus interest from September 20, 1989, costs of suit, and counsel fees in the amount of $1,000.
