Kimball v. Cigna Insurance

660 A.2d 1386, 443 Pa. Super. 143, 1995 Pa. Super. LEXIS 1873
CourtSuperior Court of Pennsylvania
DecidedJuly 11, 1995
StatusPublished
Cited by17 cases

This text of 660 A.2d 1386 (Kimball v. Cigna Insurance) 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
Kimball v. Cigna Insurance, 660 A.2d 1386, 443 Pa. Super. 143, 1995 Pa. Super. LEXIS 1873 (Pa. Ct. App. 1995).

Opinions

POPOVICH, Judge:

This case involves an appeal from the order (reduced to judgment1) of the Court of Common Pleas of Allegheny County denying the post-trial motions of the plaintiff/appellant, Jennifer E. Kimball, and limiting her uninsured motorist coverage to a maximum of $300,000.00 versus a claimed $900,-000. 00 with stacking.

We affirm in a case of first impression.

The facts are not in dispute: In 1983, the plaintiff was listed as a driver under her father’s policy with Cigna Insurance Co. Even with the parents’ divorce in 1984, the plaintiffs status remained unchanged under the policy, save that her mother was the only “named insured.”

On December 6, 1990, the mother executed a “sign down” form reducing the uninsured/underinsured limits of coverage from $300,000.00 to $100,000.00. With the plaintiffs purchase of a vehicle in 1991, the “endorsement” portion of the policy added the plaintiff as a “named insured.” However, at no time during the coverage period (which included two renewals of the policy) was the plaintiff informed by Cigna’s agent that the uninsured/underinsured (limits of $100,000.00) could be [145]*145carried at levels equal to the liability limit of $300,000.00. Thus, Cigna never obtained an executed “sign down” document from the plaintiff evidencing such an election in coverage.

On November 23, 1992, the plaintiff was injured by an uninsured motorist. When she attempted to recover under the uninsured provisions of her policy in an amount equal to the liability limits of $300,000.00, Cigna disputed her entitlement on the basis that the mother’s execution of the “sign down” form (as a “named insured”) bound the plaintiff to the same limits of coverage, i.e., $100,000.00 for uninsured claims.

After the submission of numerous pleadings, the parties agreed to have the case resolved by a judge upon stipulated facts. Argument and briefs were presented, after which the court held: 1) a single policy existed; 2) the plaintiffs mother was the “first” named insured with the plaintiffs name to follow; 3) the plaintiffs signature and use of the amended policy required, the court to assume that the plaintiff read and comprehended its terms; 4) Cigna’s agent did not conceal any pertinent information from the plaintiff precluding her from negotiating a separate policy in her name only; and 5) Pennsylvania law was satisfied when the “first” named insured [mother] executed a written sign-down. Accordingly, the court ruled that “the total amount of uninsured motorist coverage available to plaintiff ... from the policy issued by ... Cigna ... [wa]s $300,000.00.”2 This appeal followed and raises but a single argument; to-wit:

I. THE LOWER COURT ERRED IN DETERMINING THAT APPELLANT, A NAMED INSURED, WAS BOUND BY THE ELECTION OF REDUCED UNINSURED MOTORIST COVERAGE BY ANOTHER NAMED INSURED TO THE SAME POLICY, WHEN APPELLANT WAS ADDED TO THE POLICY AFTER SAID ELECTION, WAS NEVER INFORMED AS TO THE AMOUNT OF COVERAGE AVAILABLE AND [146]*146NEVER EXECUTED A WRITTEN REQUEST FOR LOWER COVERAGE AS IS REQUIRED BY 75 PA. C.S.A. § 1734.

In responding to the appellant’s contention, we begin with the observation that, in 1984, the No-Fault Act was repealed by the Motor Vehicle Financial Responsibility Law3 (MVFRA) to allow for, inter alia, uninsured/underinsured motorist coverage equal to liability coverage. See 75 Pa.C.S.A § 1731 (Supp.1994). To reject uninsured/underinsured motorist protection, the “first” named insured must be placed on notice of such a right (either at the time of application for original coverage or at the time of the first renewal). Id. at § 1791. Further, requests for uninsured/underinsured protection in amounts less than the limits of liability for bodily injury must be in writing (id. at § 1734) and evidenced by a written document prescribed by statute and executed by the “first” named insured. Id. at § 1731.

Those cases which have had occasion to interpret the MVFRL are limited to common pleas and federal court cases. Nonetheless, we sense a course to pursue from their reading. For instance, in Liberty Mutual Fire Insurance Co. v. Lindsey, 3 D. & C.4th 659 (York Cty., 1989), the court was confronted with the issue of whether the election of lower uninsured/underinsured coverage by one named insured (husband) was binding on the other named insured (wife). The court held so on the following basis: 1) the lower uninsured/underinsured limits were paid from joint accounts, which evidenced wife’s actual knowledge, understanding and acceptance of benefits and limits selected; 2) insurer’s notice to the husband and wife complied with Section 1791, raising a statutory presumption that the wife was advised of the benefits and limits available; 3) wife confirmed and ratified the husband’s selection of lower limits by electing to stay covered and not seeking a separate policy — presumes that wife has knowledge of limits of liability; 4) no evidence that wife intended to accept higher limits other than lack of her signature on release form, which absence of “her signature was a [147]*147mere oversight”; and 5) wife deferred to husband on matters of insurance. 3 Pa.D. & C.4th at 667-68. Accord Hepler v. Liberty Mutual Fire Insurance Co., 7 D. & C.4th 521 (Cumberland Cty., 1990) (wife bound by the uninsured/underinsured limits requested in writing by husband); see also U.S. Fidelity & Guaranty v. Franks, 12 D. & C.4th 47 (Cumberland Cty., 1991) (named insured (father) can elect lower limits for “family member” (son, who was not listed as a “named insured” on policy)).

On the other hand, the District Court for the Eastern District of Pennsylvania in Groff v. Continental Ins. Co., 741 F.Supp. 541 (1990), had to decide, among other things, whether Ms. Groffs husband effectively reduced their uninsured coverage so as to foreclose recovery by their son’s estate.

The suit in Groff was instituted with the death of Groffs son by an uninsured motorist. Both parents were listed as “named insured” on a policy carrying $1,000,000.00 of uninsured coverage. Thereafter, Mr. Groff elected uninsured coverage of $35,000,00 and paid premiums for the lower coverage for the entire policy period, which encompassed the accident. Ms. Groff did not sign a similar document, but the insurer’s representatives maintained that the wife was present when the husband executed the reduction form. Also, an amended policy was mailed to the Groffs residence and their account was credited for the premiums paid.

The District Court concluded that Mr. Groff acted knowingly and intelligently in reducing his uninsured coverage.4 In doing so, the Groff Court wrote:

First, for several years previously, the Groffs obtained the same level of uninsured motorist coverage, a single $35,000 limit, from other companies — Federal Kemper Insurance [148]*148Company and Utica Mutual Insurance Company. Second, the Groffs only paid the premium for the lower amount of uninsured motorist coverage. In fact, they received a reduction in their premiums reflecting Raymond Groffs election of lower coverage. Third,

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Kimball v. Cigna Insurance
660 A.2d 1386 (Superior Court of Pennsylvania, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
660 A.2d 1386, 443 Pa. Super. 143, 1995 Pa. Super. LEXIS 1873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimball-v-cigna-insurance-pasuperct-1995.