Allstate Insurance v. Gravine

2 Pa. D. & C.4th 48, 1988 Pa. Dist. & Cnty. Dec. LEXIS 25
CourtPennsylvania Court of Common Pleas, Lackawanna County
DecidedDecember 15, 1988
Docketno 84. Civil 1189
StatusPublished
Cited by1 cases

This text of 2 Pa. D. & C.4th 48 (Allstate Insurance v. Gravine) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allstate Insurance v. Gravine, 2 Pa. D. & C.4th 48, 1988 Pa. Dist. & Cnty. Dec. LEXIS 25 (Pa. Super. Ct. 1988).

Opinion

MUNLEY, J.,

Plaintiff, Allstate Insurance Company, brought this declaratory judgment action pursuant to the provisions of the Declaratory Judgment Act, Act of July 9, 1986, P.L. 586, 42 Pa.C.S. §7531 et seq., against defendants to determine whether it owes a defense and coverage under two insurance policies it issued to defendant Joseph Caporali. The underlying matter which spawned the present action is a complaint in trespass filed by the parents of Thomas Gravine III, on his behalf, against the estate of John Caporali, Belinda Misko, and the City of Carbondale. (Lackawanna County no. 83 Civil 2300).

On July 31, 1981, John Caporali, a 14-year-old youth, was operating a motorbike with Thomas Gravine III, age 14 as his passenger, in the City of Carbondale, when an accident occured involving a vehicle operated by Belinda Misko at the intersection of 42d Street and Green Street. John Caporali died and young Gravine suffered serious injuries as a result of the collision with the Misko vehicle.

The motorbike involved in the fatal mishap was owned by Joseph Caporali, the father of the deceased youth. The Caporalis had two policies of insurance at the time of the incident; a homeown[50]*50er’s policy and an automobile policy with plaintiff Allstate Insurance Company. The above-mentioned lawsuit filed by the Gravine family against the estate of John Caporali et al., was then subsequently docketed in our court. The complaint contained, inter alia, a cause of action against Joseph and Ruth Caporali, natural parents of John Caporali, deceased, upon claims for negligent supervision of their minor child. The Caporalis promptly notified their homeowner’s and automobile liability insurer, Allstate Insurance Company, of the lawsuit. The insurance carrier then filed the present suit praying we declare that neither their general liability policy nor their automobile liability policy cover the claims brought by the Gravines and, consequently, request permission to withdraw its defense of the Caporalis.

We are initially called upon to determine whether Allstate has a duty to defend under the general liability policy it issued to the Caporalis.

“An insurer’s duty to defend an action against the insured is measured, in the first instance, by the allegations in the plaintiffs pleading . . .

“[I]n determining the duty to defend, the complaint claiming damages must be compared to the policy and a determination made as to whether, if the allegations are sustained, the insurer would be required to pay resulting judgment . . . the language of the policy must be construed together to determine the insurer’s obligation.” Gene’s Restaurant Inc. v. Nationwide Insurance Co., 519 Pa. 306, 548 A.2d 246 (1988). (citations omitted) In Standard Venetian Blind Co. v. American Empire Insurance Co., 503 Pa. 300, 469 A.2d 563 (1983), the [51]*51Pennsylvania Supreme Court, per Justice Roberts, clearly set forth the standard for interpreting insurance contracts:

“The principles governing our interpretation of a contract of insurance are familiar and well settled. The task of interpreting a contract is generally performed by a court rather than by a jury, (citations omitted) The goal of that task is, or course, to ascertain the intent of the parties as manifested by the language of the written instrument.

“Where a provision of a policy is ambiguous, the policy provision is to be construed in favor of the insured and against the insurer, the drafter of the agreement, (citation omitted) Where, however, the language of the contract is clear and unambiguous, a court is required to give effect to that language.” Standard Venetian Blind Co., supra.

In both the original and amended complaints filed to 83 Civil 2300, it is alleged that the parents of John Caporali, deceased, failed to properly supervise and control their minor son. Plaintiff AUstate contends the following exclusion applies to the claims brought by the Gravines:

“Exclusions — Losses we do not cover —

“(5) We do not cover bodily injury or property damage arising out of the ownership, maintenance, use, loading or unloading of a motorized land vehicle or trailer.” Allstate contends that because John Caporali was operating the motorbike at the time of the accident, the above exclusion applied. For reasons set forth below, we disagree.

From a review of the pleadings in the instant case it is clear that the Gravines’ complaint contains two separate and distinct causes of action against the Caporalis based upon separate and [52]*52distinct facts. One cause of action has been instituted against the estate of John Caporali for the youths’ alleged negligent operation of the dirt bike. A second cause of action against the parents of John Caporali, individually, charges the parents with negligent supervision over their minor son.

The issue of parental care or accountable conduct arising from negligent supervision by parents is simply a diverse basis for alleged liability and is non-auto related. It is conduct primarily concerned with the Caporalis, as parents, failing to exercise reasonable care and control over their minor son. See Erie Insurance Exchange v. Transamerica Insurance Co., 516 Pa. 574, 533 A.2d 1363 (1987), where the Supreme Court discussed a homeowners’ insurer’s duty to defend claims of negligent supervision despite exclusion in a homeowners policy for injuries occurring out of the use of a motor vehicle. We also found guidance in the reasoning and conclusion set forth in the case of United States Fidelity and Guaranty Company v. State Farm Mutual Automobile Insurance Company, 107 Ill. App. 3d 190, 437 N.E.2d 633 (1982), where a four-year-old child was injured while exiting a car driven by an employee of a daycare center where she attended. The parents of the minor brought an action against the daycare center and its employee, alleging, inter alia, failure to retain sufficient control over the children, negligent hiring of personnel, and negligent supervision of the children. The homeowner’s insurance company, as here, instituted a declaratory-judgment action to determine coverage. The exclusion in the Illinois policy is similar to the one in the present matter. It excluded from coverage injuries arising out of the “ownership, maintenance, operation, use, loading or unloading of an automobile.” The Illinois Court said that “the complaint alleges [53]*53negligent acts which are potentially within the coverage of the policy, such as the failure to adequately supervise . . . These alleged acts are separate and distinct from any allegations relating to the negligent operation of the automobile.” 437 N.E.2d at 666.

We find the Fidelity analysis is persuasive in the matter before us; the charge of negligent supervision is not only set out separately in the averments but its gist is predicated on the parent’s conduct, failing to supervise their minor child. Juxtaposed, where the liability of the insured arises from negligent acts which constitutes non-auto related conduct, the policy should be applicable regardless of the automobile exclusion.

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Bluebook (online)
2 Pa. D. & C.4th 48, 1988 Pa. Dist. & Cnty. Dec. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-gravine-pactcompllackaw-1988.