Gerhard v. Welker

40 Pa. D. & C.4th 557, 1997 Pa. Dist. & Cnty. Dec. LEXIS 1
CourtPennsylvania Court of Common Pleas, Carbon County
DecidedJuly 1, 1997
Docketnos. 95-1184 and 95-1794
StatusPublished

This text of 40 Pa. D. & C.4th 557 (Gerhard v. Welker) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Carbon County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gerhard v. Welker, 40 Pa. D. & C.4th 557, 1997 Pa. Dist. & Cnty. Dec. LEXIS 1 (Pa. Super. Ct. 1997).

Opinion

LAVELLE, P.J.,

PROCEDURAL BACKGROUND

The above actions arise out of a dispute over the distribution of insurance proceeds which were paid to the parties as a result of a fire that occurred at 125 Mahanoy Street, Tamaqua, Schuylkill County, Pennsylvania, on March 6, 1995.

At the core of the dispute is an agreement of sale dated December 15,1993, in which William H. Gerhard and Donna M. Gerhard, his wife, were the sellers, and Timothy J. Welker and Heather A. Welker, his wife, were the buyers of the Tamaqua property.

The lawsuit filed by Gerhards to 95-1184 claims that Welkers materially breached the agreement. Welkers denied breaching the contract, and counterclaimed, seeking the insurance proceeds less the balance due on the agreement. Welkers also filed the instant declaratory judgment action, asking this court to interpret the insurance clause in the agreement.

We consolidated the cases for trial.

By order dated October 10,1996, this court bifurcated Gerhards’ breach of contract claim from the declaratory judgment action. We certified to a Carbon County Arbitration Board the question whether a breach of contract had occurred, and held in abeyance the declaratory judgment action and Welkers’ counterclaim until final resolution of the breach of contract claim.

On November 27, 1996, the arbitration board determined that Welkers had not committed a material breach of the agreement. No appeal was taken from that award.

[559]*559FACTS OF THE CASE

The parties have stipulated to the facts as follows:

(1) At all times relevant hereto, Gerhards were the record owners of the subject premises which are located at 125 Mahanoy Street, Schuylkill County, Pennsylvania.

(2) On or about December 15, 1993, the parties entered into an agreement for the sale of the subject premises whereby Gerhards agreed to sell said property to Welkers.

(3) The agreement had been prepared by the attorney for Gerhards for use in a prior similar transaction and was tailored by Gerhards for use in the Welker transaction.

(4) The agreement was entered into and signed at the home of Gerhards in Carbon County, Pennsylvania, on December 15, 1993.

(5) At the time the agreement was signed, Welkers paid a down payment of $2,000 to Gerhards in accordance with the terms of the agreement.

(6) On or about February 4, 1994, Welkers were named as additional insureds on an insurance policy with the Farmers Insurance Company, policy no. DW791488, on which Gerhards were named as insureds.

(7) All insurance premiums on policy no. DW791488 were paid by Welkers directly to Farmers Insurance Company.

(8) On or about March 6, 1995, the subject premises was completely destroyed by fire.

(9) At the time the property was destroyed by fire, Welkers were in possession of said property.

(10) At the time of the fire, Welkers had made a total of 14 payments of $219.56 each, under the contract.

[560]*560(11) Pursuant to the amortization schedule (attached to pleadings), the amount paid on principal as of the date the premises were destroyed totaled $948.92.

(12) Of the 14 payments of $219.56, and pursuant to the amortization schedule attached to the respondents’ pleadings, $2,124.92 of those payments represented interest on the loan due the petitioners.

(13) As of February 1995, the loan balance owed to Gerhards, as per the amortization schedule, was $14,050.93.

(14) As a result of the aforementioned fire loss, insurance proceeds in the amount of $36,000 were paid by Farmers to the parties jointly, and Security Savings, the mortgagee bank.

(15) The agreement of December 15, 1993 provides on page two as follows: “and it is hereby further agreed by and between the parties that the buyers shall keep all buildings now standing and hereafter erected upon said premises insured for the benefits of the sellers and the buyers, as their interest may appear in a sum no less than the total of all sums due hereon.”

DISCUSSION

Initially, we note that declaratory judgment is an appropriate remedy when “a case presents antagonistic claims, indicating imminent and inevitable litigation.” American Council of Life Insurance v. Foster, 134 Pa. Commw. 634, 640, 580 A.2d 448, 451 (1990). There is no question in this case that we have a controversy that is ripe for judicial decision. Its resolution will avoid further litigation between the parties.

The controversy here involves an interpretation of the language of the agreement of sale, which provided [561]*561for the purchase of the Tamaqua property on a partial payment basis.

Our decision in this matter is circumscribed by several well-settled contract principles. In interpreting a contract, a court’s primary consideration is the intent of the parties. O’Farrell v. Steel City Piping Co., 266 Pa. Super. 219, 403 A.2d 1319 (1978). When a written contract is clear and unambiguous, its meaning must be determined by its contents alone. Steuart v. McChesney, 498 Pa. 45, 444 A.2d 659 (1982). Pennsylvania’s law of contracts requires courts to give legal effect to the plain meaning of what is written in contracts. Ruzzi v. Butler Petroleum Co., 527 Pa. 1, 588 A.2d 1 (1991).

The pertinent clause in the sales agreement is as follows:

“And it is further agreed by and between said parties that the buyers shall keep all buildings now standing and hereafter erected upon the said premises insured for the benefit of the sellers and the buyers, as their interest may appear in a sum no less than the total of all sums due hereon. . . .” (emphasis added)

The phrase, “as their interests may appear,” and its various iterations, have been interpreted to mean that “the parties are entitled to various shares in the proceeds, if they are entitled to any proceeds at all.” Campbell v. Royal Indemnity Co. of New York, 256 Pa. Super. 312, 316 n.5, 389 A.2d 1139, 1142 n.5 (1978), citing Keeton, Insurance Law, 174-83 (1971). The fact that the phrase has been included in other cases with no explanatory verbiage attests to its clear and unequivocal meaning. Hagan Lumber Co. v. Duryea School District, 277 Pa. 345, 121 A. 107 (1923); Chestnut Corp. v. Bankers Bond and Mortgage Co., 395 Pa. 153, 149 [562]*562A.2d 48 (1959); Giacobetti v. Insurance Placement Facility of Pennsylvania, 500 Pa. 447, 457 A.2d 853 (1983).

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Related

Partrick & Wilkins Co. v. Reliance Insurance
456 A.2d 1348 (Supreme Court of Pennsylvania, 1983)
Giacobetti v. Insurance Placement Facility
457 A.2d 853 (Supreme Court of Pennsylvania, 1983)
O'FARRELL v. Steel City Piping Co.
403 A.2d 1319 (Superior Court of Pennsylvania, 1978)
Campbell v. Royal Indem. Co. of NY
389 A.2d 1139 (Superior Court of Pennsylvania, 1978)
Ruzzi v. Butler Petroleum Co.
588 A.2d 1 (Supreme Court of Pennsylvania, 1991)
Steuart v. McChesney
444 A.2d 659 (Supreme Court of Pennsylvania, 1982)
Dubin Paper Co. v. Insurance Co. of North America
63 A.2d 85 (Supreme Court of Pennsylvania, 1948)
Insurance Co. v. Updegraff
21 Pa. 513 (Supreme Court of Pennsylvania, 1853)
Hagan Lumber Co. v. Duryea School District
121 A. 107 (Supreme Court of Pennsylvania, 1923)
Chestnut Corp. v. Bankers Bond & Mortgage Co.
149 A.2d 48 (Supreme Court of Pennsylvania, 1959)
American Council of Life Insurance v. Honorable Foster
580 A.2d 448 (Commonwealth Court of Pennsylvania, 1990)

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Bluebook (online)
40 Pa. D. & C.4th 557, 1997 Pa. Dist. & Cnty. Dec. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerhard-v-welker-pactcomplcarbon-1997.