Cincinnati Insurance v. York Imperial Plastics Inc.

15 Pa. D. & C.5th 69
CourtPennsylvania Court of Common Pleas, Lancaster County
DecidedJuly 19, 2010
Docketno. CI-07-06207
StatusPublished
Cited by1 cases

This text of 15 Pa. D. & C.5th 69 (Cincinnati Insurance v. York Imperial Plastics Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lancaster County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cincinnati Insurance v. York Imperial Plastics Inc., 15 Pa. D. & C.5th 69 (Pa. Super. Ct. 2010).

Opinion

REIN AKER, J,

Before the court is the plaintiff s motion for summary judgment. At issue is, as a matter of law, whether Cincinnati Insurance Company (CIC) is obligated to defend and indemnify its insured, York Imperial Plastics Inc. (York), in the lawsuit [71]*71filed by Val Products Inc. (Val), no. CI-06-04410, and whether additional defendant, Technical Polymers LLC (Technical), is entitled to “additional insured” coverage under the policy issued to York. The court will deny the motion for summary judgment.

PROCEDURAL AND FACTUAL HISTORY

On May 19, 2006, defendant Val filed a complaint against York asserting claims for breach of contract, breach of implied warranty of merchantability1 and breach of implied warranty of fitness for a particular purpose.2 York then filed a joinder complaint against Technical and Entec. Technical filed a cross claim asserting that York agreed to indemnify, defend and hold Technical harmless from all costs, expenses, damages, judgments or other loss, including costs of investigation, litigation and reasonable attorney’s fees, arising out of York’s selection, use, sale and further processing of the resins. On June 26,2007, CIC filed this declaratory judgment action requesting the court to determine the rights and obligations owed by CIC under the policy it provided to York. On November 6,2009, CIC filed a motion for summary judgment regarding the declaratory action, and on January 19,2010, the court held a hearing on the motion. Shortly thereafter counsel for all parties submitted proposed findings of fact and conclusions of law.

Sometime prior to 1998, Val, a poultry water systems manufacturer, began doing business with York, a custom plastic injection molding manufacturer. York would [72]*72manufacture and supply to Val plastic housings for the poultry watering systems. Those plastic housings included nipple drinker housings and water regulator housings. From 1998 to sometime in June or July of 2003, York used a resin supplied by GE called Xenoy 5220 to produce the housings. Val alleges that York then switched to using resins from Entec and Technical without the knowledge or consent of Val. The resin supplied to York by Technical was sold pursuant to purchase order/invoice documents that were exchanged by the parties. Included was a provision requiring York to defend and indemnify Technical from any claim arising out of York’s “selection, use, sale and further processing” of the resins sold. York claims that it understood the resins it was purchasing to be either identical, or at least comparable, to the Xenoy 5220. However, with the passage of time and use in the field, the housings began to suddenly crack in large numbers. It wasn’t until after customer complaints and an investigation by Val that Val discovered the change in resin being used by York. From this discovery, the underlying action by Val arose. At all times pertinent, CIC had issued a commercial general liability insurance policy and commercial umbrella insurance policy to York. Following the filing of the complaint by Val against York, York sought a defense and indemnification from CIC under the policies.

DISCUSSION

Summary judgment may only be granted where there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. Pa.R.C.P. 1025(b). The burden is on the moving party to prove the absence of a genuine, material factual dispute. Thompson [73]*73Coal Company v. Pike Coal Company, 488 Pa. 198, 412 A.2d 466 (1979). The record is to be examined by the court in the light most favorable to the non-moving parties with the non-moving parties also being entitled to the benefit of all reasonable inferences. Marks v. Tasman, 527 Pa. 132, 589 A.2d 205 (1991). The court is only to determine the existence of a material factual dispute, not the outcome of any factual disputes. Washington Federal Savings and Loan Association v. Stein, 357 Pa. Super. 286, 515 A.2d 980 (1986). If there is any doubt as to the existence of a material factual dispute, it must be resolved in favor of the non-moving parties. Thompson, 488 Pa. 198, 412 A.2d 466. The proper construction of an insurance policy is a matter of law, and a court may decide whether or not coverage exists for a claim pursuant to a summary judgment motion. Bishops Inc. v. Penn National Insurance, 984 A.2d 982, 989 (Pa. Super. 2009).

' Insurance contracts are generally contracts of adhesion; there is not equal bargaining between the parties in the transaction. Id. “Insurance policies, like all contracts, are enforceable in accordance with the language used.” Id. at 990. When a court is interpreting the language of an insurance policy, the parties’ intentions are paramount. Id. The court should “adopt an interpretation which under all circumstances ascribes the most reasonable, probable, and natural conduct of the parties, bearing in mind the objects manifestly to be accomplished.” Charles D. Stein Revocable Trust v. General Felt Industries Inc., 749 A.2d 978, 980 (Pa. Super. 2000). Further, regardless of an insurance policy’s ambiguity, the policy is subject to a review by the court of the totality of the underlying circumstances. Id. The focus of the court is on the reasonable expectation of the insured. Id.

[74]*74In this case, Dennis Paules, on behalf of York, purchased the instant insurance policies from Cincinnati Insurance. At the time Paules purchased both policies, he believed he was receiving product liability coverage that would provide coverage for the very circumstance that exists here. He was under the impression that if York made a defective product which caused property damage after it was incorporated into a customer’s final product, the policies would cover the claim. Paules sought to be protected from potential liability, and purchased the policies for this purpose. Recognizing that Paules, as the insured, had little, if any, bargaining power, the proper focus in this case is on his reasonable expectation. It was reasonable for Paules to believe the policies he was purchasing would cover claims such as the claims in this case. He paid the premiums for the policies thinking that he had in fact purchased a certain type of coverage. It was only when CIC denied coverage did he learn that he had apparently received something different, and less, than what he had expected.

The policy language itself supports coverage in this case as well. The commercial general liability policy reads:

“(1) Insuring agreement
“(a) We will pay those sums that the insurance becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’ to which this insurance applies. ...
“(b) This insurance applies to ‘bodily injury’ and ‘property damage’ only if:

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Bluebook (online)
15 Pa. D. & C.5th 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cincinnati-insurance-v-york-imperial-plastics-inc-pactcompllancas-2010.