Dunn v. Nationwide Mutual Insurance

11 Pa. D. & C.4th 181, 1991 Pa. Dist. & Cnty. Dec. LEXIS 192
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedJuly 29, 1991
Docketno. 90-984-14-2
StatusPublished

This text of 11 Pa. D. & C.4th 181 (Dunn v. Nationwide Mutual Insurance) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dunn v. Nationwide Mutual Insurance, 11 Pa. D. & C.4th 181, 1991 Pa. Dist. & Cnty. Dec. LEXIS 192 (Pa. Super. Ct. 1991).

Opinion

BIEHN, J.,

Plaintiff filed this declaratory judgment action seeking a determination of whether or not Nationwide Mutual Insurance Company has to provide coverage under an automobile insurance policy it had issued to plaintiff. Plaintiff has requested a decree declaring his right to liability coverage and the payment of medical expenses. A nonjury trial was held on July 1, 1991. We now make the following findings of fact and conclusions of law.

[182]*182FINDINGS OF FACT

(1) In November 1987, plaintiff became aware that an acquaintance, William Clee, desired to sell his 1971 Chevrolet Chevelle.'

(2) Plaintiff gave Clee $500 in November 1987 as a down payment and took the car into his possession to repair it.

(3) When the car was driven from Clee’s residence to plaintiff’s residence, it had Clee’s vehicle registration plate on it. Plaintiff later returned the plate to Clee.

(4) Plaintiff made sporadic payments to Clee. During that time, Clee kept the certificate of title to the car in his possession as well as an extra set of car keys.

(5) The car was operable but needed extensive repairs, including a new motor and transmission which plaintiff installed and/or rebuilt.

(6) Between November 1987 and May 1988, plaintiff drove the car on several occasions, approximately once a month.

(7) Clee never saw the car between November 1987 and May 29, 1988.

(8) On May 29, 1988, plaintiff made his last payment on the car. Clee signed the certificate of title and delivered it to plaintiff at the same time the last payment was made.

(9) When plaintiff drove to Clee’s residence to make the last payment, he drove another car, not the 1971 Chevelle.

(10) Upon returning home with the Chevelle on May 29, 1988, plaintiff took a vehicle registration plate from another car and attached it to the Chevelle.

(11) At approximately 6:30 p.m. on the same day, May 29, 1988, plaintiff was involved in an accident while driving the Chevelle.

[183]*183(12) At the time of the accident, Renate Downing and Kristen Reardon were passengers in plaintiff’s car.

(13) The car was completely destroyed in the accident.

(14) At the scene of the accident, plaintiff admitted to the investigating officer, William Stinger, that he had been operating the car and that he had just got the car that day.

(15) Plaintiff never had the certificate of title transferred into his name.

(16) Clee had automobile insurance through Erie Insurance Company.

(17) The 1971 Chevelle was insured by Clee from October 31, 1987 until January 30, 1988 when it was removed from his policy and replaced by another car.

(18) Clee removed the Chevelle from his policy because he was not using it and was in the process of selling it.

(19) Clee believed he owned the Chevelle until he delivered the certificate of title.

(20) Between November 1986 and February 1989, Clee added and removed approximately 15 cars from his policy, sometimes adding a car that had previously been insured.

(21) Defendant never added the Chevelle to plaintiff’s policy.

(22) Defendant paid one claim arising from the accident, a property damage claim to Philadelphia Electric Company, under plaintiff’s policy.

(23) Defendant has refused to pay any other claims as a result of the accident on May 29, 1988.

[184]*184DISCUSSION

' The insurance policy issued by defendant to plaintiff contains a coverage, extension provision. The relevant part reads as follows:

‘"Use of Other Motor Vehicles. Your auto’s insurance also covers other motor vehicles as follows:. . .

“(2) a four-wheel motor vehicle newly acquired by you. The coverage applies only during the first 30 days you own the vehicle, unless it replaces your auto. We provide this coverage only if you do not have other .collectible insurance. You must pay any added premium resulting from this coverage extension.” See exhibit P-1 at 4. (emphasis supplied)

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11 Pa. D. & C.4th 181, 1991 Pa. Dist. & Cnty. Dec. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-nationwide-mutual-insurance-pactcomplbucks-1991.