Cohen v. Erie Indemnity Co.

14 Pa. D. & C.3d 444, 1980 Pa. Dist. & Cnty. Dec. LEXIS 479
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedFebruary 26, 1980
Docketno. 2165
StatusPublished
Cited by3 cases

This text of 14 Pa. D. & C.3d 444 (Cohen v. Erie Indemnity Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohen v. Erie Indemnity Co., 14 Pa. D. & C.3d 444, 1980 Pa. Dist. & Cnty. Dec. LEXIS 479 (Pa. Super. Ct. 1980).

Opinion

KALISH, J.,

I. BACKGROUND

This is a petition for a declaratory judgment. On January 1, 1975 at 2:15 a.m., a three car collision occurred on Bustleton Pike in Bucks County. It was stipulated that: one of the drivers, petitioner Richard Cohen, was operating his mother’s business vehicle without her permission; at the time, petitioner was the “named insured” under his own policy of auto insurance with the Erie Indemnity Company; and the policy was in full force and effect. Erie’s rejection of petitioner’s claim under that policy has generated this action.

The issue presented for determination is whether a “named insured” is covered under his own insurance policy when he is driving a car without the owner’s express or implied permission. More specifically, does the proviso clause of the Erie Indemnity policy in Part 1(b) pertain to sections (b)(1) and (2) or only (b)(2)? The provision is stated in pertinent part, as follows:

“Persons Insured

The following are Insureds under Part I:

(a) With respect to the owned automobile,

(1) the named Insured and any resident of the same household,

[446]*446(2) any other person using such automobile with the permission of the named Insured, provided his actual operation or (if he is not operating) his other actual use thereof is within the scope of such permission, and

(3) any other person or organization but only with respect to his or its liability because of acts or omissions of an Insured under (a)(1) or (2) above;

(b) With respect to a non-owned automobile,

(1) the named Insured,

(2) any relative, but only with respect to a private passenger automobile or trailer; provided his actual operation or (if he is not operating) the other actual use thereof is with the permission, or reasonably believed to be with the permission, of the owner and is within the scope of such permission, and

(3) any other person or organization not owning or hiring the automobile, but only with respect to his or its liability because of acts or omissions of an Insured under (b)(1) or (2) above.”

We hold that petitioner was covered by the Erie policy.

II. DISCUSSION

. It is well-established in Pennsylvania as in most jurisdictions, that an insurance policy will be construed most strongly against the insurer who has prepared it: MacDonald v. Metropolitan Life Insurance Co., 304 Pa. 213, 155 Atl. 491 (1931); West v. MacMillan (and Automobile Underwriters Insurance Co., Garnishees), 301 Pa. 344, 152 Atl. 104 (1930). If there is any doubt or ambiguity as to the meaning of a policy, such doubt or ambiguity will [447]*447be resolved in favor of the insured: Beley v. Pennsylvania Mutual Life Insurance Co., 373 Pa. 231, 95 A. 2d 202 (1953); Howley v. Scranton Life Insurance Co., 357 Pa. 243, 53 A. 2d 613 (1947). If a policy is reasonably susceptible of two interpretations, it will be construed in favor of the insured in order not to defeat, without necessity, the claim to indemnity which it was the insured’s object to obtain: Armon v. Aetna Casualty and Surety Company, 369 Pa. 465, 87 A. 2d 302 (1952).

The, reason behind these uncompromising rules is that an insurance policy is almost always a contract of adhesion — one written by the insurer with no input from the insured, i.e., a lack of negotiation and disparity of economic power. It is drafted by persons expert in the use of “legalese,” with terms often obscured and imposed upon the adhering party, who thinks he is buying more protection than the insurer actually intends to provide. In addition to the strict rules dealing with ambiguity, Pennsylvania courts have historically been unfavorable to exceptions or exclusions from coverage: see 1 Couch on Insurance 2d §15:47, especially in the case of a comprehensive liability policy, as is the one at issue. See, e.g., Miller v. Prudential Insurance Company of America, 239 Pa. Superior Ct. 467, 362 A. 2d 1017 (1976); Celley v. Mutual Benefit Health and Accident Association, 229 Pa. Superior Ct. 475, 324 A. 2d 430 (1974). Such provisions are to be clearly stated and strictly construed against the insurer.

On the other hand, where no real doubt or ambiguity exists, the court should not strain to locate one, nor, if an exception is clearly and unambiguously presented, should the court refuse to give it [448]*448effect. Thus the threshold question is whether there is ambiguity at all in the policy provision.

The only Pennsylvania case touching upon the subject matter is Shaw v. Sabo and Buckeye Union Casualty Co., 43 D. & C. 2d 645, 648 (C.P. Beaver, 1967). That case involves a provision substantially similar in language to, yet different in typography from Erie’s.1

In Shaw, the “provided” clause actually looks like a physical continuation of (b)(2). It is not set apart in any way to even indicate its applicability to both preceding subsections. In that respect it lends little support to petitioner’s argument here. The court there found no real ambiguity — it simply applied the grammatical rule that a limiting clause which follows several expressions is restricted to its [449]*449last antecedent,2 and held that the proviso modified only (b)(2).3

It is significant to note that the Shaw court was able to contrast that policy’s section (c) proviso, which clearly states its application to both subsections, and to conclude that (b) would be similarly phrased if its intention were the same. On this theme see Farmers Insurance Co. of Washington v. U.S.F. & G. Co., 13 Wash. App. 836, 537 P. 2d 839 (1975), and Harleysville Mutual Casualty Company v. Nationwide Mutual Insurance Company, 248 S.C. 398, 150 S.E. 2d 233 (1966).

Respondent contends that two cases, not of this jurisdiction, are so factually on point that they must control the outcome of this case. It is true that Bright v. Ohio Casualty Insurance Company, 444 F. 2d 1341 (6th Cir. 1971), and State Automobile Mutual Insurance Company v. Williams, 268 Md. 535, 302 A. 2d 627 (1973), both concerned policy provisions almost exactly resembling the one at. [450]*450issue here. The courts there held that the provisions were not ambiguous and that the alignment of the “provided” clause with the “With respect to” indicated that it was the intent of the parties that the requirement of owner’s permission apply to both the “named insured” and to “any relative.” The following comment by the court in State Automobile, at page 632, is especially noteworthy:

“We have outlined the holdings of all cases available on the issue presented to us . . . our survey of the cases has made it plain to us that it all comes down to a matter of intention as reflected by the overall typography, especially the positioning of the permission proviso.”4

We disagree. It exalts form over substance. Construction by strict rules of grammar, spacing and positioning of the proviso clause, while deserving consideration, does not prevail over the reasonable intent of the parties as reflected by the entire instrument: Buntz v. General American Life Insurance Company, supra.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Clarke, T. v. MMG Insurance Co.
100 A.3d 271 (Superior Court of Pennsylvania, 2014)
Selected Risks Insurance v. Bruno
555 F. Supp. 590 (M.D. Pennsylvania, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
14 Pa. D. & C.3d 444, 1980 Pa. Dist. & Cnty. Dec. LEXIS 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-erie-indemnity-co-pactcomplphilad-1980.