Mutual Benefit Insurance v. Politopoulos

75 A.3d 528, 2013 Pa. Super. 250, 2013 WL 4768379, 2013 Pa. Super. LEXIS 2658
CourtSuperior Court of Pennsylvania
DecidedSeptember 6, 2013
StatusPublished
Cited by17 cases

This text of 75 A.3d 528 (Mutual Benefit Insurance v. Politopoulos) 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
Mutual Benefit Insurance v. Politopoulos, 75 A.3d 528, 2013 Pa. Super. 250, 2013 WL 4768379, 2013 Pa. Super. LEXIS 2658 (Pa. Ct. App. 2013).

Opinion

OPINION BY

WECHT, J.:

Marina Denovitz (with Christos Polito-poulos and Dionysios Mihalopoulos, “Appellants”) challenges the trial court’s February 2, 2012 order granting summary judgment to Mutual Benefit Insurance Company (“Insurer”).1 We reverse.

The trial court has related the factual and procedural background of the case as follows:

On June 6, 2005, [Owners] purchased commercial real property located at 365 West Main Street in Leola, Pennsylvania, (the “Property”) from Leola Associates, L.P. The Property includes a busi[530]*530ness known as Leola Family Restaurant. [Owners] then created Leola Restaurant Corporation of which they are officers (“Employer”). (New Matter, ¶ 37-39.) [Employer] was created to run the day-to-day operations of the restaurant.
On the same date, Owners entered into a written agreement in which they leased the Property to Employer (“Lease”). (Compl. Ex. E.) The Lease required Employer to name Owners as additional insureds on Employer’s liability insurance. (Compl. Ex. E ¶ 1(d).) On December 5, 2007, [Denovitz] was employed by Employer working at Leola Family Restaurant. (Compl. Ex. A ¶ 3.) Denovitz was walking down a flight of stairs taking trash to an outdoor trash containment area when the stairs became loose and she fell to the ground. (Compl. Ex. A ¶ 5.) As a result of the fall, Denovitz claims she sustained physical injury including a torn rotator cuff. (Compl. Ex. A ¶ 6.) On September 24, 2009, Denovitz filed a suit against Owners for their alleged negligent maintenance of the Property (“Denovitz action”.) (Compl. Ex. A.)
Owners sought coverage for this claim from [Insurer] under two insurance policies issued by [Insurer] to Employer. The first policy was a Business Owners Policy, and the second was a Commercial Umbrella Policy [ (“Umbrella Policy”) ]• (Compl. Exs. B, C.) By letter dated December 4, 2009, [Insurer] disclaimed coverage under both policies. (Compl. Ex. D.) In the letter, [Insurer] asserted that Owners did not qualify as insureds under the Business Owners Policy, and although Owners qualified as insureds under the [Umbrella Policy], the Employers’ Liability Exclusion endorsement[2] excluded any coverage under that policy. (Compl. Ex. D.) By letter dated February 23, 2010, [Insurer] advised Owners that it had withdrawn its disclaimer of coverage and agreed to defend Owners in the Denovitz action with a reservation of its right to disclaim coverage in the future and seek a judicial determination that no coverage was owed. (Compl. Ex. F.)
On March 12, 2010, [Insurer] filed suit in the Court of Common Pleas of Lancaster County seeking a declaratory judgment that it owed no coverage to Owners under either policy. After the pleadings were closed, [Insurer] filed a Motion for Judgment on the Pleadings. On December 27, 2010, [the trial court] granted [Insurer’s] Motion as to the Business Owners Policy but denied its Motion as to the [Umbrella Policy].
On September 23, 2011, [Insurer] filed a Motion for Summary Judgment seeking to eliminate coverage under the Umbrella Policy. In its Motion, [Insurer] claims that Summary Judgment is appropriate since the term “insured” under the Umbrella Policy includes ... Employer and therefore, the Employers’ Liability Exclusion precludes coverage to all insureds, including ... Owners.

Trial Court Opinion (“T.C.O.”), 2/2/2012, at 3.3 Finding that our Supreme Court’s decision in Pennsylvania Manufacturers’ Association Insurance Co. v. Aetna Casualty [531]*531and Surety Insurance Co., 426 Pa. 453, 233 A.2d 548 (1967) (hereinafter “PMA ”), controlled this case, the trial court granted Insurer’s motion for summary judgment. This appeal followed.

On appeal to this Court, Denovitz raises the following issues:

1. Whether the Court committed an error of law in granting the Motion for Summary Judgment of [Insurer] as to the ... Umbrella Policy when the Employers’ Liability Exclusion is ambiguous and should be interpreted in favor of [Appellant]?
2. Whether the Pennsylvania Supreme Court decision in [PMA ] should be overturned or reinterpreted in light of subsequent case law?

Brief for Denovitz at 2. Owners restate precisely the same questions, and propose the same answers as those urged upon us by Denovitz. Brief for Owners at 1 (unnumbered).

The trial court correctly stated the principles that apply to summary judgment, as follows:

Summary judgment is appropriate only when “there is no issue of any material fact as to a necessary element of the cause of action.” Pa.R.C.P. 1035.2(1). The record, including the pleadings and depositions, “must be viewed in the light most favorable to the non-moving party.” Davis v. Pennzoil, 438 Pa. 194, 264 A.2d 597, 601 (1970). All doubts regarding the existence of a material issue must be resolved in favor of denying the Motion for Summary Judgment. Id.

T.C.O. at 3 (citations modified). We have delineated our standard of review as follows:

Upon appellate review, we are not bound by the trial court’s conclusions of law, but may reach our own conclusions. In reviewing a grant of summary judgment, [we] may disturb the trial court’s order only upon an error of law or an abuse of discretion. The scope of review is plenary and the appellate court applies the same standard for summary judgment as the trial court.

Grandelli v. Methodist Hosp., 777 A.2d 1138, 1144 (Pa.Super.2001) (quoting McCarthy v. Dan Lepore & Sons Co., Inc., 724 A.2d 938, 940-41 (Pa.Super.1998)).

If the language of an insurance policy is clear and unambiguous, that contract must be construed consistently with its plain and ordinary meaning. Travelers Cas. & Sur. Co. v. Castegnaro, 565 Pa. 246, 772 A.2d 456, 459 (2001). The trial court aptly stated the following additional principles:

[A]ny ambiguities in an insurance contract must be resolved in favor of the insured. Coppola v. Ins. Placement Facility of Penna. [386 Pa.Super. 413], 563 A.2d 134, 136 (Pa.[Super.]1989) (citing Standard Venetian Blind Co. v. Amer. Empire Ins. [503 Pa. 300], 469 A.2d 563, 566 (Pa.1983)). It is equally well-settled that “[n]o word in a contract is to be treated as surplusage or redundant if any reasonable meaning consistent with the other parts can be given to it.” General Mills Inc. v. Snavely [203 Pa.Super. 162], 199 A.2d 540, 544 (Pa.[Super.]1964) (citing Morris v. Am. Liab. & Sur. Co. [322 Pa. 91] 195 [185] A. 201, 202 (Pa.1936)). Words are to be interpreted in their normal meaning, unless doing so would be contrary to a clearly expressed public policy. Allstate Fire & Cas. Ins. Co. v. Hymes,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Coryell, C. v. Morris, J.
2023 Pa. Super. 232 (Superior Court of Pennsylvania, 2023)
Com. v. Batty, W.
Superior Court of Pennsylvania, 2018
Com. v. Brensinger, R.
Superior Court of Pennsylvania, 2018
Get Busy Living v. Main line Insurance
Superior Court of Pennsylvania, 2016
Mutual Ben. Ins. Co., Aplt v. Politsopoulos
115 A.3d 844 (Supreme Court of Pennsylvania, 2015)
Ramara, Inc. v. Westfield Insurance
69 F. Supp. 3d 490 (E.D. Pennsylvania, 2014)
Endurance American Specialty Insurance v. Century Surety Co.
46 F. Supp. 3d 398 (S.D. New York, 2014)
Ironshore Specialty Insurance v. Haines & Kibblehouse, Inc.
3 F. Supp. 3d 303 (E.D. Pennsylvania, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
75 A.3d 528, 2013 Pa. Super. 250, 2013 WL 4768379, 2013 Pa. Super. LEXIS 2658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mutual-benefit-insurance-v-politopoulos-pasuperct-2013.