First Liberty Ins. Corp. v. McGeehan

381 F. Supp. 3d 478
CourtDistrict Court, W.D. Pennsylvania
DecidedApril 9, 2019
DocketCivil Action No. 1:16-cv-199-SPB
StatusPublished
Cited by5 cases

This text of 381 F. Supp. 3d 478 (First Liberty Ins. Corp. v. McGeehan) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First Liberty Ins. Corp. v. McGeehan, 381 F. Supp. 3d 478 (W.D. Pa. 2019).

Opinion

Susan Paradise Baxter, United States District Judge

Plaintiff, the First Liberty Insurance Corporation ("First Liberty"), commenced this declaratory judgment action seeking a determination of its rights and responsibilities under two insurance policies issued to Paul and Rosanne McGeehan. The named Defendants - Paul, Rosanne, Adam, and Laura McGeehan (collectively, "Defendants") -- have counterclaimed for the disputed insurance proceeds.1 The Defendants *481claim entitlement to stacked underinsured motorist ("UIM") benefits on behalf of Adam and Laura McGeehan, who were involved in a serious accident while traveling in a vehicle that was covered by one of the policies in question.

Presently pending before the Court is First Liberty's motion for summary judgment and Defendants' cross-motion for partial summary judgment. For the reasons set forth below, Defendants' motion will be denied and First Liberty's motion will be granted.

I. BACKGROUND

On November 30, 2013, Adam McGeehan ("Adam") and his wife Laura ("Laura") were traveling in a Chevy Trailblazer, when they were struck by a vehicle operated by William Schick ("Schick"), resulting in injuries to both Adam and Laura. PCSF ¶¶ 1, 6; DCSF ¶ 1.2 Schick's insurance carrier paid the liability limits of his policy for bodily injury. PCSF ¶ 2.

At the time of the accident, the subject Trailblazer was covered by a four-vehicle policy (No. AO628812439610) issued by First Liberty to Paul and Rosanne McGeehan (hereafter, the "Four Vehicle Policy"). PCSF ¶¶ 3, 6; DCSF ¶¶ 2, 4. Adam, the biological son of Paul and Rosanne McGeehan, was listed as a driver on this Policy. PCSF ¶¶ 7-8; DCSF ¶ 3.

The Four Vehicle Policy includes a stacking endorsement that provides for the bodily injury limit of $ 300,000 to be stacked for each of the four vehicles listed on that policy. PCSF ¶¶ 9-10; DCSF ¶ 5. First Liberty has paid $ 300,000 in underinsured motorist ("UIM") benefits to Adam and Laura under the Four Vehicle Policy, but has rejected their claim for stacked UIM coverage, which totals $ 900,000. PCSF ¶¶ 10-11; DCSF ¶ 6.

At the time of the accident, Paul McGeehan also held an insurance policy (No. AO628812439650), issued by First Liberty, on a Lincoln Navigator (the "Lincoln Navigator Policy"). PCSF ¶¶ 12-14. The Lincoln Navigator Policy provides UIM coverage with a liability limit of $ 300,000 per accident. It also contains an endorsement that allows stacking of UIM benefits. PCSF ¶¶ 16-17; DCSF ¶ 7. First Liberty rejected Adam and Laura's claim under this policy as well. DCSF ¶ 8.

The parties agree that Adam and Laura are entitled to stack UIM coverages only if they are "family members" of the named insured, as defined in the policies. DCSF ¶ 11. Both the Four-Vehicle Policy and the Lincoln Navigator Policy define "family member" to mean:

a person related to you [i.e., the insured] by blood, marriage or adoption who is a resident of your household. This includes a ward or foster child.

PCSF ¶ 22; DCSF ¶ 10.

Although it is undisputed that that Adam and Laura are related to the named insureds by blood and by marriage, First Liberty maintains that the term "family member" also includes a residency requirement. According to First Liberty, Adam and Laura were not "residents" of Paul and Rosanne McGeehan's household at the time of the accident and, therefore, they do not qualify for the stacked UIM coverage.

*482Defendants dispute First Liberty's position on two fronts. First, they argue that the "residency" requirement applies only to family members who are related to the insured through adoption; second, they argue that, even if "residency" is a requirement of the policy, they satisfy that prerequisite. Having reviewed the entirety of the summary judgment record, the Court finds these issues to be adequately joined and ripe for resolution.

II. STANDARD OF REVIEW

Under Rule 56 of the Federal Rules of Civil Procedure, summary judgment shall be granted if the "movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A factual dispute is genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In analyzing a motion under Rule 56, the Court must construe the evidence and all reasonable inference arising therefrom in the light most favorable to the non-movant. Scott v. Harris, 550 U.S. 372, 378, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007).

III. DISCUSSION

Under Pennsylvania law,3 the goal in construing and applying the language of an insurance contract is to effectuate the intent of the parties as manifested by the language of the specific policy. 401 Fourth St., Inc. v. Investors Ins. Grp. , 583 Pa. 445, 879 A.2d 166, 171 (2005) ; Lititz Mut. Ins. Co. v. Steely, 567 Pa. 98, 785 A.2d 975, 978 (2001). When interpreting the policy, the court must read it as a whole and construe its meaning according to its plain language. Spector v. Fireman's Fund Ins. Co. , 451 F. App'x 130, 136 (3d Cir. 2011). "Where a provision of a policy is ambiguous, the policy provision is to be construed in favor of the insured and against the insurer, the drafter of the agreement.

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Bluebook (online)
381 F. Supp. 3d 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-liberty-ins-corp-v-mcgeehan-pawd-2019.