Nationwide Mutual Insurance v. Gardner

79 Pa. D. & C.4th 150
CourtPennsylvania Court of Common Pleas, Huntingdon County
DecidedJanuary 19, 2006
Docketno. 05-51
StatusPublished
Cited by6 cases

This text of 79 Pa. D. & C.4th 150 (Nationwide Mutual Insurance v. Gardner) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Huntingdon County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nationwide Mutual Insurance v. Gardner, 79 Pa. D. & C.4th 150 (Pa. Super. Ct. 2006).

Opinion

KURTZ, J,

In this insurance coverage dispute, plaintiffs (Nationwide) have moved for summary judgment.1 The motion is appropriate since “[t]he proper construction of an insurance policy is a matter of law that a court may resolve pursuant to a motion for summary judgment.” Harstead v. Diamond State Insurance Company, 555 Pa. 159, 162-63,723 A.2d 179, 180 (1999). The facts that are the backdrop for this case can be succinctly summarized.

BACKGROUND

On July 25,2004,12-year-old Corey Lee Secrest was riding as a passenger on an all-terrain vehicle (ATV) operated by 13-year-old Matthew Gardner. Around 6 p.m., Gardner was traveling on Township Road T501 in [152]*152Shirley Township, Huntingdon County, when he encountered a tractor-trailer approaching in the opposite direction. Sadly, an accident ensued as a consequence of which Corey Secrest sustained fatal injuries.

A civil action was commenced August 2,2004, by the estate of Corey Lee Secrest against Matthew Gardner and his father, David Gardner. This action was initiated January 19, 2005, since Mr. Gardner was the owner of three separate policies of insurance issued by Nationwide. More specifically, Mr. Gardner owned two homeowner insurance policies as well as a separate umbrella policy which acts as an excess policy for the homeowner policies. All three policies were in effect on the date of the accident.

In its motion for summary judgment, Nationwide set forth that the insurance policies owned by Mr. Gardner “contain valid enforceable exclusions precluding indemnity and a duty to defend from any and all claims arising from Matthew Gardner’s operation of the ATV.” In this regard, the exclusions relied upon were recited.

First, the following provisions from the homeowner policies were set forth:

“Section I.

“Property coverage.

“Coverage C — Personal property.

“Property not covered. We do not cover

“. . . (4) motor vehicles or all other motorized land conveyances including the following,....

“Section II.

“Liability exclusions.

[153]*153“(1) Coverage E — Personal liability and coverage F— Medical payments to others do not apply to bodily injury or property damage:

“... (g) arising out of the ownership, maintenance or use of, or loading or unloading of; entrustment or the negligent supervision by an insured of; or statutorily imposed liability on an insured related to the use of:

“(1) an aircraft.

“(2) a motor vehicle or all other motorized land conveyance owned by or operated by, or rented or loaned to an insured.'’’’

Next, Nationwide recited from the umbrella policy the provision it asserted precludes coverage:

“Exclusions.

“Excess liability and additional coverages do not apply to:

“. . . (6) An occurrence arising out of the ownership, maintenance, loading or unloading of; entrustment or negligent supervision by an insured of; or statutorily imposed liability of an insured relating to the use of:

“. . . (c) a motorcycle, motor scooter, motorized bicycle, moped or similar type motorized land conveyance unless insurance is provided by a listed underlying policy.

“(d) a land motor vehicle, trailer or semi-trailer unless insurance is provided by a listed underlying policy.”

The conclusion advanced by Nationwide is that the operation of an ATV on a public road falls within the policy exclusions set forth above. Argument on the motion was presented November 21, 2005, and we have had the benefit of outstanding, comprehensive briefs. [154]*154Based upon our consideration of the briefs and arguments, the motion will be granted.

LEGAL LANDSCAPE

The Supreme Court of Pennsylvania has outlined the standards for interpreting a contract of insurance. In Madison Construction Company v. The Harleysville Mutual Insurance Company, 557 Pa. 595, 735 A.2d 100 (1999), the issue was whether a pollution exclusion clause in a policy of commercial general liability insurance relieved Harleysville of its duty to defend in a personal injury action. The court concluded that it did and provided the following guidance:

“Where an insurer relies on a policy exclusion as the basis for its denial of coverage and refusal to defend, the insurer has asserted an affirmative defense and, accordingly, bears the burden of proving such defense. Erie Insurance Exchange v. Transamerica Insurance Co., 516 Pa. 574, 580, 533 A.2d 1363, 1366 (1987) (citing Miller v. Boston Ins. Co., 420 Pa. 566, 570, 218 A.2d 275, 277 (1966)); see also, Armon v. Aetna Cas. & Surety Co., 369 Pa. 465, 469, 87 A.2d 302, 304 (1952). To determine whether Harleysville has met its burden of proof, we rely on well-settled principles of contract interpretation.

“ ‘ [T]he task of interpreting [an insurance] contract is generally performed by a court rather than by a jury. The goal of that task is, of course, to ascertain the intent of the parties as manifested by the language of the written instrument. Where a provision of a policy is ambiguous, the policy provision is to be construed in favor of the insured and against the insurer, the drafter of the agree[155]*155ment. Where, however, the language of the contract is clear and unambiguous, a court is required to give effect to that language.’

“Gene & Harvey Builders v. Pennsylvania Mfrs. Ass’n, 512 Pa. 420, 426, 517 A.2d 910, 913 (1986) (quoting Standard Venetian Blind Co. v. American Empire Insurance Co., 503 Pa. 300, 304-305, 469 A.2d 563, 566 (1983)). (citations omitted) Contractual language is ambiguous ‘if it is reasonably susceptible of different construction and capable of being understood in more than one sensqI Hutchison v. Sunbeam Coal Co., 513 Pa. 192, 201, 519 A.2d 385, 390 (1986). This is not a question to be resolved in a vacuum. Rather, contractual terms are ambiguous if they are subject to more than one reasonable interpretation when applied to a particular set of facts. See Gamble Farm, 440 Pa. Super. [501] at 505, 656 A.2d [142] at 144 [(1995)]; Techalloy, 338 Pa. Super. [1] at 7, 487 A.2d [820] at 823 [(1984)]. We will not, however, distort the meaning of the language or resort to a strained contrivance in order to find an ambiguity. Stewart v. McChesney, 498 Pa. 45, 53,

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Bluebook (online)
79 Pa. D. & C.4th 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nationwide-mutual-insurance-v-gardner-pactcomplhuntin-2006.