Clarke, T. v. MMG Insurance Co.

100 A.3d 271, 2014 Pa. Super. 192, 2014 Pa. Super. LEXIS 2894, 2014 WL 4360464
Superior Court of Pennsylvania·Decided September 4, 2014·No. 2937 EDA 2013·Published·Cited by 31 cases

Opinions

OPINION BY

JENKINS, J.

Appellants Timothy and Debra Clarke appeal from the order entered in the Philadelphia Court of Common Pleas denying their motion for partial summary judgment and granting MMG Insurance Company’s (“MMG Insurance”) cross-motion for partial summary judgment.1 We vacate and remand for further proceedings.

On April 16, 2012, Plaintiff-Appellant Timothy Clarke suffered serious and permanent injuries in a motor vehicle accident. Mr. Clarke was driving his motorcycle when a car turned in front of him, causing a collision that threw him from his motorcycle. Mr. Clarke suffered multiple injuries and was placed on life support for eleven days at Paoli Memorial Hospital. He underwent multiple surgical procedures before his release.

At the time of the accident, Mr. Clarke had two motor vehicle insurance policies in effect. American Modern Select Insurance Company issued the first for the motorcycle, and MMG Insurance Company issued the second for Mr. Clarke’s two automobiles — not his motorcycle. Appellants had underinsured motorist (“UIM”) coverage for the motorcycle through the American Modern Select Insurance policy. Mr. Clarke received payments of $25,000 from American Modern Select Insurance Company for his motorcycle policy and $100,000 from the other driver’s insurance company. Those payments, however, proved insufficient to cover Mr. Clarke’s financial losses from the accident.

Appellants then sought coverage under their insurance policy issued by MMG Insurance Co. — specifically under the UIM coverage clause, which provided coverage in the amount of $300,000 per accident. MMG Insurance, however, denied the UIM claim, based on the “Household Exclusion” clause. MMG Insurance asserted that the Household Exclusion clause precluded coverage because the motorcycle involved in the accident was not a covered vehicle under the MMG Insurance policy, which only covered two automobiles owned by Appellants.

On October 24, 2012, Appellants filed their initial complaint and, on December 27, 2012, filed an amended complaint. Appellants’ amended complaint named MMG Insurance Company and F. Frederick Breuninger & Son Insurance, Inc. (“Breu-ninger Insurance”) as defendants. The [274]*274amended complaint sought declaratory relief against MMG Insurance (count I) and asserted claims of breach of contract (count II), negligence (count III), and breach of warranty (count IV) against both MMG Insurance and Breuninger Insurance.

On March 5, 2018, Appellants filed a motion for partial summary judgment on their claim for declaratory relief against MMG Insurance. MMG Insurance opposed the motion and, on April 3, 2013, filed a cross-motion for partial summary judgment. On April 16, 2013, the trial court denied both parties’ motions. On April 25, 2013, Appellants filed a motion for reconsideration. On May 16, 2013, MMG Insurance opposed Appellant’s motion for reconsideration. On August 1, 2013, upon a second review,2 the trial court denied Appellants’ motion for reconsideration (and thus also their partial summary judgment motion) and granted Appellee MMG Insurance’s cross-motion for partial summary judgment.

The trial court denied Appellants’ motion on the grounds that “the policy language of the Household Exclusion clause clearly and unambiguously excludes the coverage sought by [Appellants], and because the Order is consistent with Pennsylvania public policy regarding Household Exclusion clauses.” Trial Court Opinion, 12/30/13, at 4.

On September 12, 2013, Appellants filed a praecipe to settle, discontinue, and end all remaining claims against MMG Insurance and Breuninger Insurance.3 On the same day, Appellants filed a timely notice of appeal. Both Appellants and the trial court complied with Pennsylvania Rule of Appellate Procedure 1925.4

Appellants raise the following issues for our consideration:

1. Where the language of the policy agreement between Appellee MMG Insurance Company and Appellants clearly and unambiguously excludes underinsured motorist coverage only where the injury is sustained while occupying a vehicle that has no un-derinsured motorist coverage, did the [t]rial [c]ourt err as a matter of law when it concluded MMG Insurance Company did not owe the Appellants underinsured motorist coverage for injuries sustained while occupying a vehicle which had un-derinsured motorist coverage?
2. Where the terms of an underinsured motorist exclusion used by MMG Insurance Company excluded coverage only for injuries that occurred in a vehicle that was not covered for un-derinsured motorist coverage, was it error for the [t]rial [c]ourt, in determining the intent of the parties to the agreement, to ignore the different language used by the insurer in the exclusion for uninsured motorist coverage which, by its terms, excluded coverage if the injuries oc[275]*275curred in a vehicle which was not covered for uninsured motorist coverage under the MMG Insurance policy, and therefore the [cjourt erred in its determination that Ap-pellee MMG Insurance Company owed no underinsured motorist coverage to Appellants who were injured while occupying a vehicle which had underinsured motorist coverage?
3. In determining the intent of the policy agreement between Appellee MMG Insurance Company and Appellants, did the [tjrial [cjourt err in examining and relying upon public policy rather than the plain language of the policy agreement, and therefore err in its determination that Appellee MMG Insurance Company owed no underinsured motorist coverage to Appellants who were injured while occupying a vehicle which had underinsured motorist coverage?
4. In the alternative, did the [tjrial [cjourt err as a matter of law in denying Appellants’ Motion for Partial Summary Judgment and granting the Appellee MMG Insurance Company’s Cross-Motion for Partial Summary Judgment when it failed to construe the ambiguous language in the underinsured motorist coverage provision of the policy in favor of Appellants, which would entitle the Appellants to underinsured motorist coverage under their MMG Insurance Company policy?

Appellants’ Brief at 5-6.

The interpretation of an insurance contract is a question of law. United Services Auto. Assoc. v. Elitzky, 358 Pa.Super. 362, 517 A.2d 982, 986 (1986), appeal denied, 515 Pa. 601, 528 A.2d 957 (1987). The standard of review of questions of law is de novo, and the scope of review is plenary. Genaeya Corp. v. Harco Nat’l Ins. Co., 991 A.2d 342, 346 (Pa.Super.2010) (citing Buffalo Twp. v. Jones, 571 Pa. 637, 813 A.2d 659, 666 n. 8 (2002)). Thus, in interpreting a contract, this Court need not defer to the trial court. United Services Auto. Assoc., 517 A.2d at 986.

Appellants’ first two issues ask this Court to interpret the exclusionary language of the UIM Coverage provision in their insurance policy agreement with MMG Insurance. In their first issue on appeal, Appellants argue the language of the policy clearly and unambiguously covers Mr.

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Clarke, T. v. MMG Insurance Co., 100 A.3d 271, 2014 Pa. Super. 192, 2014 Pa. Super. LEXIS 2894, 2014 WL 4360464 (Pa. Ct. App. 2014).

100 A.3d 271 (Clarke, T. v. MMG Insurance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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