Herr v. Grier

671 A.2d 224, 448 Pa. Super. 216, 1995 Pa. Super. LEXIS 4009
CourtSuperior Court of Pennsylvania
DecidedDecember 28, 1995
Docket1197
StatusPublished
Cited by6 cases

This text of 671 A.2d 224 (Herr v. Grier) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Herr v. Grier, 671 A.2d 224, 448 Pa. Super. 216, 1995 Pa. Super. LEXIS 4009 (Pa. Ct. App. 1995).

Opinion

CERCONE, Judge:

This is an appeal from the order of the trial court which granted defendant’s motion for summary judgment. We affirm.

The trial court aptly summarized the facts giving rise to the instant appeal as follows:

[Plaintiff Warren R. Herr] was injured when the four-wheeled gasoline powered golf cart, in which he was a passenger, overturned. At the time of the accident, the golf cart was being operated on a golf course.
The driver of the golf cart, William Grier, was insured under an automobile insurance policy issued by defendant Pennland. Coincidentally, Herr also was insured under an automobile insurance policy with Pennland. Pennland refused coverage for Herr’s injuries under either policy of automobile insurance. In response, Herr filed an action for declaratory judgment, seeking a declaration that Pennland was obligated to pay the full amount of liability coverage *219 provided under the Grier policy and uninsured or underinsured motorist (hereinafter “UM/UIM”) coverage provided under the Herr policy. Soon thereafter, Herr filed the pending motion for summary judgment and Pennland filed the cross-motion on the coverage issues....

Trial Court Opinion filed March 17, 1995 at 1. Herr filed a motion for summary judgment after which Pennland filed a cross-motion for summary judgment. The trial court denied Herr’s motion but granted summary judgment in favor of Pennland. This appeal followed. ,

Plaintiff Herr raises the following issues for our review:

A. Whether Pennland’s use of the ambiguous term “auto accident” requires a finding of coverage in favor of Mr. Herr.
B. Whether an exclusion which provides an insured with less UM/UIM coverage than required or allowed by statute is valid.

We shall address these issues in order.

Summary judgment may properly be granted by a lower court only if the moving party has shown that there is no genuine issue of material fact and that he or she is entitled to judgment as a matter of law. Goebert v. Ondek, 384 Pa.Super. 100, 104, 557 A.2d 1064, 1066 (1989). The trial court must accept as true all well-pleaded facts in the non-moving party’s pleadings, and give to him or her the benefit of all reasonable inferences to be drawn therefrom. Jefferson v. State Farm Insurance, 380 Pa.Super. 167, 170, 551 A.2d 283, 284 (1988). Summary judgment should not be entered unless a case is clear and free from doubt. Weiss v. Keystone Mack Sales, Inc., 310 Pa.Super. 425, 430, 456 A.2d 1009, 1011 (1983).

When the Superior Court, as a reviewing court, is asked to interpret or review the meaning of a contract, “the intent of the parties is paramount, and our objective is to ascertain the parties’ intent as it is manifestly expressed in the agreement itself.” Warren v. Greenfield, 407 Pa.Super. 600, 607, 595 A.2d 1308, 1311 (1991) (emphasis in original). Where the policy language is clear, the contract will be applied *220 as written. Nationwide Mutual Ins. Co. v. Cummings, 438 Pa.Super. 586, 593, 652 A.2d 1338, 1341 (1994), appeal denied, 540 Pa. 650, 659 A.2d 988 (1995). When a provision of a contract is ambiguous, it will be construed in favor of the insured. Britamco Underwriters, Inc. v. Weiner, 431 Pa.Super. 276, 281, 636 A.2d 649, 651 (1994), allocatur denied, 540 Pa. 575, 655 A.2d 508 (1994). As a general rule, a contract is ambiguous if it is reasonably susceptible of different construc tions and capable of being understood in more than one way. Metzger v. Clifford Realty Corp., 327 Pa.Super. 377, 386, 476 A.2d 1, 5 (1984). The court, "as a matter of law, determines the existence of an ambiguity, whereas the resolution of conflicting parol evidence, admitted to clarify the ambiguity, rests with the trier of fact. Hutchison v. Sunbeam Coal Corp., 513 Pa. 192, 200, 519 A.2d 385, 390 (1986).

Plaintiff Herr argues that the accident which caused his injuries was a covered risk under Grier’s insurance policy. According to plaintiff, Grier’s policy with Pennland provided coverage to Grier for liability incurred by him for any “auto accident.” In this regard, plaintiff argues .that the term “auto” is ambiguous. Plaintiff notes that in the same policy, Pennland'excludes coverage for a motorized vehicle having fewer than four wheels. Applying the principle of expressio unius est esclusio alterius to ascertain the intent of the parties, plaintiff avers that by excluding vehicles with fewer than four wheels, the parties intended coverage for all vehicles having four wheels or more including golf carts.

In the instant case, the insurance policy does not define the term “auto.” In the absence of technical terminology, we give the words us.ed in the agreement their plain and ordinary meaning. Warren v. Greenfield, 407 Pa.Super. 600, 607, 595 A.2d 1308, 1311—12 (1991). The dictionary defines “auto” as the shortened version of “automobile,” and defines the term “automobile” as a

4-wheeled automotive vehicle designed for passenger transportation on streets and roadways and commonly propelled by an internal-combustion engine using a volatile fuel (as gasoline) — called also car or esp. Brit, motorcar.

*221 Webster’s Third New International Dictionary (1981) (emphasis added). In contrast, the dictionary defines the term golf cart as follows:

1: a small cart for wheeling a golf bag around a golf course
2: a motorized cart for carrying a golfer and his equipment over a golf course.

Webster’s New Collegiate Dictionary (1973). Keeping these definitions in mind, we find that Pennland’s use of the term “auto accident” in its policy is clear and unambiguous. Giving the term “auto accident” its plain and ordinary meaning, we conclude that the term cannot possibly be interpreted as providing coverage for an accident involving a golf cart not designed for or operated on public highways. See Warren v. Greenfield, 407 Pa.Super. at 607, 595 A.2d at 1312 (when the words of a contract are unequivocal, they speak for themselves, and a meaning other than that expressed cannot and will not be given to them).

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Bluebook (online)
671 A.2d 224, 448 Pa. Super. 216, 1995 Pa. Super. LEXIS 4009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herr-v-grier-pasuperct-1995.