Nationwide Mutual Insurance Co. v. Yungwirth

940 A.2d 523, 2008 Pa. Super. 10, 2008 Pa. Super. LEXIS 105
CourtSuperior Court of Pennsylvania
DecidedJanuary 4, 2008
StatusPublished
Cited by2 cases

This text of 940 A.2d 523 (Nationwide Mutual Insurance Co. v. Yungwirth) 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
Nationwide Mutual Insurance Co. v. Yungwirth, 940 A.2d 523, 2008 Pa. Super. 10, 2008 Pa. Super. LEXIS 105 (Pa. Ct. App. 2008).

Opinion

OPINION BY

MUSMANNO, J.:

¶ 1 Nationwide Mutual Insurance Company (“Nationwide”) appeals from the declaratory judgment entered in favor of Anthony Yungwirth (“Yungwirth”). The trial court concluded that the exclusion contained within the Nationwide policies issued to Yungwirth and his father imper-missibly narrowed the uninsured motorist (“UM”) coverage provided by the Motor Vehicle Financial Responsibility Law (“MVFRL”). 1 , 2 On appeal, this Court is presented with an issue that involves the interplay between the MVFRL and the Snowmobile All-Terrain Vehicle Law (“SATVL”). 3 Upon review, we conclude that the exclusion contained in the Nationwide policies at issue does not impermissi-bly narrow the UM coverage as required by the MVFRL. Accordingly, we reverse.

*525 ¶2 This case was tried on stipulated facts, which the trial court set forth as follows:

On May 11, 2002, [Yungwirth] was a passenger in an all-terrain vehicle (“ATV”), which was owned and operated by Michael Tomasic. Tomasic drove his vehicle off-road to a party being held in the woods. Both Tomasic and [Yung-wirth] consumed alcoholic beverages at the party. Upon leaving the party, To-masic lost control of his ATV, causing injury to [Yungwirth] when [Yungwirth] was ejected from the rear of the vehicle.
At the time of the accident, the ATV was not being operated on a public road, although it was [operated on a public road] both prior to and after the accident. The ATV was not insured. [Yungwirth] resided in his father’s household and was insured under two automobile policies issued by [Nationwide], Policy 54-37-D-303-011 was issued to both father and son and covered a 2001 Toyota Echo. Policy 54-37-A-853-452 was issued to father and covered a 1998 Lincoln Town Car and a 2000 Toyota Corolla. The policies contained UM coverage.
Each policy had an identical provision that excluded certain vehicles from the definition of “uninsured motor vehicle.” One of the exclusions was [for] “[a]ny equipment or vehicle designed for use mainly off public roads except wlnle on public roads.” Based upon this exclusion, [Nationwide] denied UM coverage to [Yungwirth],

Trial Court Opinion, 10/10/06, at 2.

¶ 3 Nationwide filed a declaratory judgment action on November 21, 2005, in the Court of Common Pleas of Allegheny County. Yungwirth filed a counterclaim, seeking a declaration that Nationwide had an obligation to pay UM benefits to him. Cross-motions for summary judgment were filed by the parties. However, these motions were dismissed and the case was listed for trial. The parties proceeded to trial on stipulated facts, after which the trial court ruled that the exclusions in the policies were contrary to the provision of the MVFRL and found in favor of Yung-wirth. Nationwide, thereafter, filed a post-trial Motion, which the trial court denied. On July 3, 2006, Nationwide filed this timely appeal.

¶4 On appeal, Nationwide raises the following issue: “Whether the trial court committed error in determining that the provisions of the policy which exclude from the definition of ‘uninsured motor vehicle’ the all-terrain vehicle upon which Anthony Yungwirth was a passenger at the time of the May 11, 2002 incident are void and unenforceable as contrary to the provisions of the [MVFRL] [?]” Brief for Appellant at 4.

¶ 5 On appeal, Nationwide asserts that the UM coverage provisions of the MVFRL do not extend to ATV’s. Nationwide contends that the enactment of the SATVL by the legislature created a special class of vehicles, which are separate and distinct from other forms of motor vehicles as contemplated by the MVFRL. To the contrary, Yungwirth asserts that the exclusion contained in the Nationwide policy impermissibly narrows the UM coverage mandated by the MVFRL.

¶ 6 As we begin our analysis, we are mindful that our scope of review in a declaratory judgment action is plenary:

The interpretation of an insurance policy is a question of law that we will review de novo. Our primary goal in interpreting a policy, as with interpreting any contract, is to ascertain the parties’ intentions as manifested by the policy’s terms. When the language of the policy is clear and unambiguous, we must give effect to that language. Alternatively, *526 when a provision in the policy is ambiguous, the policy is to be construed in favor of the insured to further the contract’s prime purpose of indemnification and against the insurer, as the insurer drafts the policy, and controls coverage.

Plasticert, Inc. v. Westfield Ins. Co., 923 A.2d 489, 492-93 (Pa.Super.2007) (quoting Kvaerner Metals v. Commercial Union Ins. Co., 589 Pa. 317, 908 A.2d 888, 897 (2006)).

¶ 7 In order to resolve this issue, we must examine the interplay between the MVFRL and the SATVL.- In doing so, we look to the Statutory Construction Act 4 for guidance. We are mindful that “[t]he object of all interpretation and construction of statutes is to ascertain and effectuate the intention of the General Assembly.” Carrozza v. Greenbaum, 591 Pa. 196, 916 A.2d 553, 564 (2007) (quoting 1 Pa.C.S.A. § 1921(a)). The Statutory Construction Act requires a court to construe the words of a statute according to their plain meaning 1 Pa.C.S.A. §§ 1921(b), 1903(a). We must also presume that the legislature did not intend any language of the statute to exist as mere surplusage. See Bamber v. Lumbermens Mut. Cas. Co., 451 Pa.Super. 548, 680 A.2d 901, 904 (1996) (citing 1 Pa.C.S.A. § 1921(a)). Accordingly, “[ejvery statute shall be construed, if possible, to give effect to all its provisions.” 1 Pa.C.S.A. § 1921(a).

¶ 8 The MVFRL requires that the UM coverage be offered. Specifically, the statute provides that “[UM] coverage shall provide protection for persons who suffer injury arising out of the maintenance or use of a motor vehicle and are legally entitled to recover damages therefore from owners or operators of uninsured motor vehicles.” 75 Pa.C.S.A. § 1731(b). Nationwide argues that an ATV is not a motor vehicle pursuant to the MVFRL and, therefore, its exclusion does not conflict with the terms of the MVFRL.

¶ 9 The MVFRL defines an “uninsured motor vehicle,” in relevant part, as “[a] motor vehicle for which there is no liability insurance or self-insurance applicable at the time of the accident.” ' 75 Pa.C.S.A. § 1702.

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Bluebook (online)
940 A.2d 523, 2008 Pa. Super. 10, 2008 Pa. Super. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nationwide-mutual-insurance-co-v-yungwirth-pasuperct-2008.