Erie Insurance Exchange v. Meza

35 Pa. D. & C.3d 514, 1984 Pa. Dist. & Cnty. Dec. LEXIS 170
CourtPennsylvania Court of Common Pleas, Northampton County
DecidedDecember 26, 1984
Docketno. 1984-C-2684
StatusPublished

This text of 35 Pa. D. & C.3d 514 (Erie Insurance Exchange v. Meza) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Northampton County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Erie Insurance Exchange v. Meza, 35 Pa. D. & C.3d 514, 1984 Pa. Dist. & Cnty. Dec. LEXIS 170 (Pa. Super. Ct. 1984).

Opinion

WILLIAMS, P.J.,

This matter comes before the court on Erie Insurance Exchange’s action for declaratory judgment pursuant to the Declaratory Judgments Act, 42 Pa. C.S. [515]*515§7531 et seq; Pa. R.C.P. 1601 et seq. We note at the outset that the exercise of jurisdiction over such an action is a matter of sound judicial discretion and is not a matter of right. State Farm Mutual Automobile Insurance Co. v. Semple, 407 Pa. 572, 180 A.2d 925 (1962); 42 Pa. C.S. §7537. The purpose of the Declaratory Judgments Act is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other relations, and is to be liberally construed and administered. Fidelity Bank v. Pa. Turnpike Commission, 498 Pa. 80, 444 A.2d 1154 (1982); 42 Pa. C.S. §7541. A declaratory judgment should not be granted where a more appropriate remedy is available. State Farm v. Semple, supra.

The parties have submitted the matter as a case stated, with all relevant facts stipulated to by counsel for the parties. Defendants Lidia Meza (individually and as administratrix of the estate of Amelia Meza) and State Farm Mutual Insurance Company have filed briefs with the court. After careful review of the matter, we find the following to be relevant.

I. HISTORY OF THE CASE

On July 15, 1983, Adaminton D. Meza was the owner and operator of a 1972 Ford Pinto. On that date, Meza was operating his vehicle on Route 611 when he allegedly passed an intended exit. He then swerved back toward the exit, striking an enbankment and sign, and lost control of his vehicle. There was no mechanical malfunction of the vehicle. As a result of the accident, Amelia Meza, a two-month-old infant, was fatally injured, and Lidia Meza, Adaminton Meza’s wife, was severely injured. Lidia Meza’s injuries included the following: amputation of a portion of her left thumb, severed [516]*516tendons in her arm and hand, broken forearm, broken pelvis, amputation of a portion of her ears, traumatic injuries to her stomach, concussion, lacerations to her face and multiple scrapes, abrasions and contusions.

At the time of the accident, Adaminton Meza was covered by two automobile insurance policies, one issued by State Farm Mutual Automobile Insurance Company and one issued by Erie Insurance Exchange. Both policies listed a 15/30 limit (i.e. $15,000 per person coverage and $30,000 per occurrence coverage).

State Farm paid its policy limits of $30,000; to wit, $15,000 to Lidia Meza and $15,000 under a court-approved payment to the estate of Amelia Meza. Adaminton Meza and Lidia Meza executed a release to State Farm acknowledging that, in consideration of the $15,000 payment to Lidia Meza in her individual capacity, they would:

“release and forever discharge State Farm Insurance Company, insofar as its tort liability on Adaminton Meza’s behalf is concerned (and not No-fault Liability or obligations) based on said company’s assertion that its policy limits are fifteen thousand dollars ($15,000), . . . his [sic?] heirs, executors, administrators, agents and assigns, and all other persons, firms or corporations liable or who might be claimed to be liable, . . ., from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of all injuries, known and unknown, both to person and property, which would have resulted or may in the future develope [sic] from an accident which occurred on or about the 15 [sic] day of July, 1983, at or near Rte. 611 Plumstead Twp. PA.”

[517]*517Subsequent to signing the release and receiving the money from State Farm, it was learned that the vehicle involved in the accident was also insured under a similar policy with Erie Insurance Exchange. The policy with Erie that was in effect at the time of the accident provided for the same limits as the State Farm policy with regard to tort liability (i.e., $15,000 per person, $30,000 per occurrence).

Lidia Meza, in her individual capacity and as administratrix of the estate of Amelia Meza, commenced an action in the Court of Common Pleas of Bucks County against Adaminton Meza seeking additional monies under the Erie policy, alleging that the injuries sustained by both Lidia Meza and by the estate and survivors of Amelia Meza were in excess of the $30,000 paid by State Farm.

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Bluebook (online)
35 Pa. D. & C.3d 514, 1984 Pa. Dist. & Cnty. Dec. LEXIS 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erie-insurance-exchange-v-meza-pactcomplnortha-1984.