Allstate Property & Casualty Insurance v. Squires

667 F.3d 388, 2012 WL 233573, 2012 U.S. App. LEXIS 1395
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 26, 2012
Docket11-1664
StatusPublished
Cited by70 cases

This text of 667 F.3d 388 (Allstate Property & Casualty Insurance v. Squires) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allstate Property & Casualty Insurance v. Squires, 667 F.3d 388, 2012 WL 233573, 2012 U.S. App. LEXIS 1395 (3d Cir. 2012).

Opinion

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

After Larry Squires was injured in a motor vehicle accident, his automobile in *389 surer Allstate Property and Casualty Insurance Company (“Allstate”) filed an action in the District Court seeking a declaratory judgment that it was not obligated to pay uninsured motorist (“UM”) benefits to Squires under his policy. Subsequently, in response to Allstate’s motion, the Court granted it a judgment on the pleadings on March 2, 2011, as it held that Squires’s injuries did not “arise out of ownership, maintenance or use of an uninsured auto” as his policy required for Allstate to be liable to him for UM benefits. For the following reasons, we will reverse.

II. FACTS AND PROCEDURAL HISTORY

On October 20, 2008, Squires was driving his pickup truck on State Highway 51 in Beaver County, Pennsylvania when he was injured after swerving to avoid an approximately two-foot square cardboard box lying in the middle of his lane. The parties to this action are uncertain as to how the box came to be left on the road but, for purposes of its motion in the District Court, Allstate stipulated that an unidentified vehicle dropped the box. 1 Following the accident, Allstate, after rejecting Squires’s claim for UM benefits, filed this action and Squires responded with counterclaims for breach of contract and insurance bad faith under 42 Pa. Cons.Stat. Ann. § 8371 (West 2007). 2 Allstate then moved for judgment on the pleadings and for dismissal of the counterclaims.

Squires’s policy provides, in relevant part:

[W]e [Allstate] will pay damages to an insured person [Squires] for bodily injury which an insured person is legally entitled to recover from the owner or operator of an uninsured auto. Bodily injury must be caused by accident and arise out of the ownership, maintenance, or use of an uninsured auto.

App. at 44. The policy’s language tracks the Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”), which requires that insurers offer UM benefits in motor vehicle liability insurance policies. 3 The MVFRL provides for “uninsured motorist coverage” as follows:

Uninsured motorist coverage shall provide protection for persons who suffer injury arising out of the maintenance or use of a motor vehicle and are legally entitled to recover damages therefor from owners or operators of uninsured motor vehicles.

75 Pa. Cons.Stat. Ann. § 1731(b) (West 2006). The MVFRL defines “uninsured motor vehicle” to include, inter alia:

An unidentified motor vehicle that causes an accident resulting in injury
*390 provided the accident is reported to the police or proper governmental authority and the claimant notifies his insurer within 30 days, or as soon as practicable thereafter, that the claimant or his legal representative has a legal action arising out of the accident.

Id. § 1702.

Although Squires’s insurance policy— unlike the MVFRL — does not include unidentified motor vehicles in its definition of “uninsured auto,” see app. at 45, Allstate did not dispute — and the District Court, quite reasonably in view of section 1702, assumed — that the unidentified vehicle was an “uninsured motor vehicle” for purposes of the Court’s coverage analysis. 4 Accordingly, the sole issue that the Court decided was “whether an accident caused by a box which fell from an uninsured motor vehicle can be attributed, as a matter of law, to the ‘ownership, maintenance or use’ of an automobile.” App. at 5. The Court answered this question in the negative, concluding that there is UM coverage for policies containing the “arising out of’ language only when a vehicle — and not some other object such as the box — was “the instrumentality causing ... the [ajccident.” App. at 11. Accordingly, on March 2, 2011, the Court granted Allstate’s motion for judgment on the pleadings, denied its motion to dismiss the counterclaims as moot, and dismissed Squires’s counterclaims as moot. Squires timely appealed.

III. JURISDICTION AND STANDARD OF REVIEW

The District Court had diversity of citizenship subject matter jurisdiction under 28 U.S.C. § 1332. 5 We have jurisdiction under 28 U.S.C. § 1291. We exercise plenary review over the District Court’s grant of Allstate’s motion for judgment on the pleadings under Fed.R.Civ.P. 12(c). See Ehrheart v. Verizon Wireless, 609 F.3d 590, 593 n. 2 (3d Cir.2010). A court will grant a motion for judgment on the pleadings if the movant establishes that “there are no issues of material fact, and that he is entitled to judgment as a matter of law.” Sikirica v. Nationwide Ins. Co., 416 F.3d 214, 220 (3d Cir.2005) (citing Soc’y Hill Civic Ass’n v. Harris, 632 F.2d 1045, 1054 (3d Cir.1980)). In considering a motion for judgment on the pleadings, a court must accept all of the allegations in the pleadings of the party against whom the motion is addressed as true and draw all reasonable inferences in favor of the non-moving party. See Allah v. Al-Hafeez, 226 F.3d 247, 249 (3d Cir.2000).

IV. DISCUSSION

The parties agree that Pennsylvania law governs our interpretation of Squires’s pol *391 icy and thus the extent to which it provides coverage, and therefore we apply Pennsylvania law on this appeal. Under Pennsylvania law,

the interpretation of a contract of insurance is a matter of law for the courts to decide. In interpreting an insurance contract, we must ascertain the intent of the parties as manifested by the language of the written agreement. When the policy language is clear and unambiguous, we will give effect to the language of the contract.
Paylor v. Hartford Ins. Co. [536 Pa. 583], 640 A.2d 1234, 1235 (Pa.1994).

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Bluebook (online)
667 F.3d 388, 2012 WL 233573, 2012 U.S. App. LEXIS 1395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-property-casualty-insurance-v-squires-ca3-2012.