Lucas-Raso v. American Manufacturers Insurance

18 Pa. D. & C.4th 291, 1993 Pa. Dist. & Cnty. Dec. LEXIS 217
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedMarch 5, 1993
Docketno. 91-8107
StatusPublished

This text of 18 Pa. D. & C.4th 291 (Lucas-Raso v. American Manufacturers Insurance) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lucas-Raso v. American Manufacturers Insurance, 18 Pa. D. & C.4th 291, 1993 Pa. Dist. & Cnty. Dec. LEXIS 217 (Pa. Super. Ct. 1993).

Opinion

GARB, J.,

This is a declaratory judgment action. Plaintiff seeks a declaration of whether defendant, American Manufacturers Co., may be subrogated to any recovery she makes as a result of a personal injury claim she has filed against the other defendants herein. We will declare herein that the said defendant may assert a subrogation right against that recovery.

For purposes of this declaratory judgment action, the facts are not in dispute. Plaintiff testified that on January 10, 1987, she was the store manager for the Fashion Bug located in the Gilbertsville Shopping Center. On that morning, she drove to work. It was snowing. It was still snowing when she arrived at the parking lot of the shopping center, and there was a dusting of snow [292]*292on the surface. She parked in the shopping center parking lot in front of the World Travel Store which was immediately next door to the Fashion Bug. She parked facing a driveway immediately in front of those stores. She got out of her car, locked it, and crossed the access lane within the parking lot immediately adjacent to the Fashion Bug. It was still snowing. She waited until the assistant manager arrived, and then, pursuant to company policy, they both entered the store. They went to the rear of the store where they secured the proceeds of the previous day’s business, calculated it, and checked it with the register tapes. She then prepared the deposit slip and put the deposit and the deposit slip in a locked bank bag. Once again, pursuant to company policy, she and the assistant left the store with the deposit bag, re-locking the store. They walked to her car where she unlocked the passenger door and the assistant manager entered the car. It was their intention to drive the bank deposit bag to the bank so as to make the deposit. It was company policy for this entire procedure to be followed, including the two of them driving the deposit bag to the bank, which was located in the same shopping center. After the assistant manager had entered the vehicle, the plaintiff began to walk towards the rear of the vehicle with the intention of walking around the car and to the driver’s side door where she intended to enter it in order to drive to the bank. As she was walking towards the rear of the car, she fell in a hole in the parking lot. She was not touching the car at that time and did not fall against it. The fall, apparently, was caused by a hole in the parking lot and a slippery condition caused by the still falling snow.

The defendant felt that she was hurt and sat on the ground for a few moments in order to collect herself. Of course, the assistant manager got out of the car and [293]*293eventually helped her to her feet. She thereupon walked around the car, got into the driver’s seat, and they then drove to the bank where the deposit was made. It was this fall which forms the basis of the lawsuit against the other defendants.

As a result of the fall and whatever injuries she incurred, in addition to the lawsuit heretofore referred to she made a claim for workers’ compensation benefits. As a result of that claim, she has received benefits in the approximate amount of $35,000. As a result, the defendant, American Manufacturers Insurance Co., the workers’ compensation carrier, intends to assert a subrogation claim against any recovery she makes against the other defendants named herein.

The Act of February 12, 1984, P.L. 26, no. 11, §3, 75 Pa.C.S. §1701 et. seq. is a chapter of the Vehicle Code and is known as the Motor Vehicle Financial Responsibility Law, essentially the successor to the Uninsured Motorists’ Statute. Section 1720 of that statute provides in relevant part as follows:

“In actions arising out of the maintenance or use of a motor vehicle, there shall be no right of subrogation or reimbursement from a claimant’s tort recovery with respect to workers’ compensation benefits, benefits available under section 1711 (relating to required benefits) 1712 (relating to availability of benefits) or 1715 (relating to availability of adequate limits) or benefits paid or payable by a program, group contract or other arrangement, whether primary or excess under section 1719 (relating to coordination of benefits).”

The question for determination is the meaning of the term “maintenance or use of a motor vehicle” as that term is used in this section.

In construing the language of this section, we begin with the observation that the Motor Vehicle Financial [294]*294Responsibility Law provides that there shall be no subrogation of a claimant’s tort recovery with respect to workers’ compensation benefits where the benefits received rise from the use of a motor vehicle. Allstate Insurance Co. v. McFadden, 407 Pa. Super. 537, 595 A.2d 1277 (1991). While use or maintenance of a motor vehicle may have different meanings depending upon the purpose for which these terms are being applied (for example, in application to the sections of the Vehicle Code dealing with driving while under the influence of intoxicating liquor or driving while under suspension or revocation), the critical determination has to do with the purpose for which those terms are used in this section. In specifically referring to sections 1711, 1712 and 1715 of the Act, First-Party Benefits, the Legislature is clearly declaring that there shall be no subrogation rights for such payments or payments under the Workmen’s Compensation Law where a recovery has been made outside of the Financial Responsibility Act. It is perfectly clear that the purpose of this legislation is to provide complete insurance coverage to the Commonwealth’s motorists with the recognition that an employee injured in a job-related motor vehicle accident may be more in need of workers’ compensation benefits than in any other on-the-job injury. See Walters v. Kamppi, 118 Pa. Commw. 487, 545 A.2d 975 (1988). However, it cannot be said that every injury wherein there is some motor vehicle connection, regardless of how tenuous, is insulated from the subrogation rights of the workers’ compensation carrier.

Bearing in mind, once again, that this section is a part of the Motor Vehicle Financial Responsibility Act, those cases which decide when first-party benefits are payable are instructive. Clearly, the Motor Vehicle Financial Responsibility Law, like its predecessor, the No Fault Act, is not a general liability insurance intended to cover all [295]*295injuries, no matter how remotely connected with the use or maintenance of a motor vehicle, but is intended to cover motor vehicle accidents. See Camacho v. Nationwide Insurance Co., 314 Pa. Super. 21, 460 A.2d 353 (1983), aff’d, 504 Pa. 351, 473 A.2d 1017 (1984). Automobile insurance is designed to compensate for vehicle-caused injuries. Smith v. United Services Automobile Assn., 392 Pa. Super. 248, 572 A.2d 785 (1990). There must be some causal connection between the motor vehicle and the injury before the motor vehicle insurer is required to pay first-party benefits. Roach v. Port Authority of Allegheny County, 380 Pa. Super. 28, 550 A.2d 1346 (1988). In Roach,

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Related

Walters Et Ux. v. Kamppi
545 A.2d 975 (Commonwealth Court of Pennsylvania, 1988)
Roach v. Port Auth. of Allegheny Cty.
550 A.2d 1346 (Supreme Court of Pennsylvania, 1988)
McKelvey v. Prudential Property & Casualty Insurance Co.
572 A.2d 769 (Supreme Court of Pennsylvania, 1990)
Smith v. United Services Automobile Ass'n
572 A.2d 785 (Supreme Court of Pennsylvania, 1990)
Alvarino v. Allstate Insurance
537 A.2d 18 (Supreme Court of Pennsylvania, 1988)
Allstate Insurance v. McFadden
595 A.2d 1277 (Superior Court of Pennsylvania, 1991)
Huber v. Erie Insurance Exchange
587 A.2d 333 (Superior Court of Pennsylvania, 1991)
Camacho v. Nationwide Insurance
460 A.2d 353 (Superior Court of Pennsylvania, 1983)

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Bluebook (online)
18 Pa. D. & C.4th 291, 1993 Pa. Dist. & Cnty. Dec. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-raso-v-american-manufacturers-insurance-pactcomplbucks-1993.