Cambanis v. Nationwide Insurance

501 A.2d 635, 348 Pa. Super. 41, 1985 Pa. Super. LEXIS 10202
CourtSupreme Court of Pennsylvania
DecidedOctober 11, 1985
Docket01368
StatusPublished
Cited by39 cases

This text of 501 A.2d 635 (Cambanis v. Nationwide Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cambanis v. Nationwide Insurance, 501 A.2d 635, 348 Pa. Super. 41, 1985 Pa. Super. LEXIS 10202 (Pa. 1985).

Opinions

BROSKY, Judge:

This appeal is from an order denying class certification. We conclude, inter alia, that the trial court erred in holding that precedent establishing liability is inconsistent with class status. Accordingly, we reverse and remand for the case to proceed as a class action.

Facts and Procedural History

Appellant, Julia A. Cambanis, is the administratrix of the estate of Louis Cambanis, her deceased husband. The decedent was struck by a motor vehicle operated by an insured of Nationwide Insurance Company, appellee. As a result, Louis Cambanis died two days later. At the time of his death he was 85 years old, retired and receiving Social Security benefits. The accident was covered, at least in part, by the provisions of Pennsylvania’s No-Fault Motor Vehicle Insurance Act, Act of July 19, 1974, P.L. 489, No. 176, 40 P.S. § 1009.101 et seq.1 Nationwide has paid surviv- or’s loss, funeral and medical expense benefits to appellant.

Appellant submitted a claim for No-Fault work loss benefits, 40 P.S. §§ 1009.201, 202(b); and appellee denied liability for such benefits. Appellant then filed a complaint against appellee on behalf of the estate of her deceased husband and as representative of the class of all others who had been similarly wrongfully denied No-Fault work loss benefits. A hearing on the propriety of class certification was held, following which an opinion and order denying class certification were entered.2

[45]*45 Appealability and Scope of Review

An order denying class certification is a final and appealable order. Bell v. Beneficial Consumer Discount Co., 465 Pa. 225, 348 A.2d 734 (1975); Janicik v. Prudential Insurance Co. of America, 305 Pa.Super. 120, 451 A.2d 451 (1982). The trial court’s decision concerning class certification is a mixed finding of law and fact entitled to “appropriate deference” on appeal. Bell, supra, 465 Pa. at 235, 348 A.2d at 739.

Burden of Proof

The burden of proof in a class certification proceeding is on the party seeking certification. Klemow v. Time, Inc., 466 Pa. 189, 352 A.2d 12 (1976); Haft v. United States Steel Corp., 305 Pa.Super. 109, 451 A.2d 445 (1982). Once class action allegations are well pleaded, the class proponent must present evidence of the underlying facts from which the court can conclude that the class certification requirements and criteria are met.3 However, the class proponent need not prove separate facts supporting each requirement; rather, the proponent’s burden is to sufficiently establish those underlying facts from which the court can make the necessary conclusions. Janicik, supra, 305 Pa.Super at 129-30, 451 A.2d at 455. This initial burden is not heavy and is thus consistent with the policy that “decisions in favor of maintaining a class action should be liberally made.” Bell v. Beneficial Consumer Discount Co., 241 Pa.Super. 192, 205, 360 A.2d 681, 688 (1976) (after remand) (class suits enable the assertion of many meritorious claims that might not otherwise be litigated). Accord Janicik, supra. Esplin v. Hirschi, 402 F.2d 94 at 101 (10th Cir.1968) (“in a doubtful case ... any error should be committed in favor of allowing the class action.”)4

[46]*46In Janicik, this Court explained the rationale for the low burden of proof.

[T]he stage of proceedings at which the class certification is to be initially determined and the trial court’s extensive supervisory powers over class actions obviate the need for a strict burden of proof. A court may not make the initial class action determination until after the close of the pleadings to ensure that the class proponent is presenting a non-frivolous claim capable of surviving preliminary objections. Pa.R.Civ.P. 1707____ Throughout the class action, the court has extensive powers to protect absent members and to ensure efficient conduct of the action. See, e.g., Pa.R.Civ.P. 1710 (subclasses and limiting issues); 1713 (conduct of actions); 1714 (approving settlements); 1716 (approving counsel fees)---- The court may alter, modify, or revoke the certification if later developments in the litigation reveal that some prerequisite to certification is not satisfied. Pa.R.Civ.P. 1710, 1711....

Janicik, supra, 305 Pa.Super. at 129, 451 A.2d at 455. (Citations omitted).

Trial Court Opinion

The opinion states that all prerequisites for certification but one were met. The trial court did not find that a class action would be a “fair and efficient method of adjudication,” the last of the five prerequisites enumerated in Pa.R. Civ.P. 1702(5).5

[47]*47As the trial court saw it, liability on the part of appellee was a foregone conclusion. This followed from its interpretation of the 1983 Pennsylvania Supreme Court decision in Freeze v. Donegal Mutual Insurance Co., 504 Pa. 218, 470 A.2d 958 (1983). According to the trial court Freeze pronounced liability on the part of the insurance company to pay work loss benefits to estates such as appellant’s. The trial court then concluded that “[t]he issue in this case is not one of liability.” This was seen to reduce the issues in the case to one, damages. As such, it believed the case was not appropriate for class action treatment since it required separate hearings for each member of the class.

Consistent with the trial court’s interpretation of Freeze, there were findings that there was no risk of varying adjudications due to the mechanical and routine processing of work loss benefits as set forth in the No-Fault Act; Nationwide would not be presented with incompatible standards of conduct; and class members’ interests would not [48]*48be foreclosed or impeded by individual work loss determinations.6

The trial court also perceived an inconvenience in requiring estates from across the Commonwealth to litigate their claims in Allegheny County — making the forum inconvenient and inappropriate.

Analysis

The trial court held that the issue of liability was, as governed by precedent, to be decided against appellee. At the time the trial court so held, this was not an accurate statement; for that issue had yet to be decided.7

In concluding that appellee was liable to appellant, the trial court relied on the holding in Freeze v. Donegal Mutual Insurance Co., 504 Pa. 218, 470 A.2d 958 (1983)— that an estate of a minor victim of a motor vehicle accident, otherwise covered by the No-Fault Act, was entitled to recover work loss benefits pursuant to the Act.

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Bluebook (online)
501 A.2d 635, 348 Pa. Super. 41, 1985 Pa. Super. LEXIS 10202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cambanis-v-nationwide-insurance-pa-1985.