Neil v. Allstate Insurance Co.

1 Pa. D. & C.4th 569, 1988 Pa. Dist. & Cnty. Dec. LEXIS 93
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedFebruary 2, 1988
Docketno. G.D. 86-16455
StatusPublished

This text of 1 Pa. D. & C.4th 569 (Neil v. Allstate Insurance Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Neil v. Allstate Insurance Co., 1 Pa. D. & C.4th 569, 1988 Pa. Dist. & Cnty. Dec. LEXIS 93 (Pa. Super. Ct. 1988).

Opinion

HORGOS, J.,

Plaintiffs Lester and Arlene Neil filed a declaratory judgment action against defendant, Allstate Insurance Company. The sole issue presented is whether the “family exclusion” clause contained in a homeowners’ liability policy of insurance issued by Allstate to the [570]*570Neils is invalid and void as against public policy. The relevant facts are not in dispute. Allstate filed a motion for summary judgment and plaintiffs filed a cross motion for summary judgment. For the reasons set forth below, defendant’s motion for summary judgment was granted and plaintiffs’ cross motion for summary judgment was denied.

On July 18, 1984, plaintiffs’ minor son, Adam Neil, was injured when struck by an automobile operated by Conrad Guenzel. As a result of the accident, the Neils filed a civil action against Conrad Guenzel on behalf of their son in the Court of Common Pleas of Allegheny County at GD 85-971 to recover damages.

Original defendant Guenzel joined Lester and Arlene Neil as additional defendants, alleging negligent supervision of their son, Adam. Original defendant Guenzel also joined as additional defendants Thomas and Susan Lordi, the owners of property on which was located shrubbery that allegedly obscured the vision of the original defendant and minor plaintiff so as to prevent them from observing one another prior to the accident. The Borough of Monroeville was also joined as an additional defendant for allegedly failing to enforce its zoning ordinance which limited the size of shrubbery within the borough.

Upon being joined as additional defendants in the action, Lester and Arlene Neil notified defendant Allstate Insurance Company for the purpose of seeking coverage under a homeowners’ insurance' policy issued to them by Allstate. Allstate, by letter dated March 13, 1985, denied coverage and a defense in the lawsuit to the Neils. Defendant Allstate based its denial of coverage on the following policy provision:

[571]*571“We do r|¡ck ’cpver'.bódi^^ttfy. person or property damage to property owned üy an insured person.”

The Neds then commenced the instant declaratory judgment action seeking a declaration that the foregoing insurance policy provision is invalid and void as against public policy.

Defendant Allstate subsequently filed a motion for summary judgment asserting that the ¡policy provision in question precludes coverage and that the provision is valid and enforceable as a matter of law. Plaintiffs filed a cross-motion for summary judgment praying for the relief requested in the declaratory-judgment complaint.

The civil action at no. GD 85-971 resulted in a jury verdict in favor of the minor plaintiff on March 24, 1987 in the sum of $250,000, 40 percent of which the jury attributed to additional defendant^ Arlene Neil. On October 6, 1987, the Honorable I. Martin Wekselman denied the post-trial motions of original defendant Guenzel and additional defendant Arlene Neil and entered judgment on the verdict of the jury.

Finally, the minor plaintiff, through his counsel, filed a petition to intervene in the instant declaratory-judgment action based on the minor plaintiffs direct interest in his parents’ recovery of the proceeds of the homeowner’s policy of insurance. This court granted the prayer of the petition and granted the minor plaintiff leave to intervene.

The language of the policy at issue is clear and unambiguous. Under the terms of the policy, Allstate agreed to coverage as follows:

“We will pay all sums arising from the same loss which an insured person becomes legally obligated to pay as damages because of bodily injury or property damage covered by this part of the policy.
[572]*572“We may investigate or settle any claim or suit for covered damages against an insured person. If an insured person is sued for these damages, we will provide a defense with counsel of our choice, even if the allegations are not true.”

Under the heading, “Exclusions — Losses We Do Not Cover,” the policy provides in relevant part:

“(2) We do not cover bodily injury to an insured person or property damage to property owned by an insured person.”
“Insured person” is defined in the policy as follows:
“(3) ‘Insured person’ — means you and, if a resident of your household, any relative and any dependent person in your care.”

The Neils’ minor son, Adam, is an insured person under the definition stated in the policy. He was both a resident relative of the Neils’ household and a resident dependent person in the Neils’ care. The policy also clearly provides that bodily injury to an insured person is not covered. Defendant Allstate, therefore, under the unambiguous terms of the policy was under no obligation to provide coverage or a defense in the civil action.

When the court is presented with an insurance policy provision which is clear and unambiguous, it is not the function of the court to rewrite the policy or to give a construction inconsistent with the terms of the policy: Garber v. Travelers Insurance Cos., 280 Pa. Super. 323, 325, 421 A.2d 744, 745 (1980).

Plaintiffs contend that the family exclusion clause is violative of public policy and, therefore, void and unenforceable. They rely on decisions which have abolished inter-family tort immunity in the commonwealth. This court, however, can find no appellate court decision which has expressed any public policy which is violated by a family exclusion clause, [573]*573despite the Pennsylvania Supreme Court’s abrogation of spousal immunity in tort law in Hack v. Hack, 495 Pa. 295, 433 A.2d 859 (1981) and parental immunity in Falco v. Pados, 444 Pa. 372, 282 A.2d 351 (1971). Nor has the legislature, by statute, established any policy which mandated coverage of a bodily injury to a family member in a homeowners’ policy of insurance.

In fact, a similar claim was rejected by the U.S. District Court for the Eastern District of Pennsylvania in Groff v. State Farm Fire and Casualty Co., 646 F.Supp. 973 (E.D. Pa. 1986). In that case, plaintiffs were the parents of a minor son who was injured by another child. When plaintiffs filed an action against the child’s parents, defendants joined the injured minor’s parents on the basis of negligent supervision. The court held that the family exclusion clause contained in the relevant homeowner’s policy precluded coverage for a contribution claim. The court stated:

“Counsel for plaintiff argues that this is a case of first impression, and that even if the policy unambiguously excludes coverage, the exclusion is contrary to public policy and should not be given effect. I find these arguments puzzling: see, e.g., Pasiano v. Home Insurance Co., 253 Pa. Super. 519, 385 A.2d 460 (1978) and the many cases there cited.

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Related

Antanovich v. Allstate Insurance
488 A.2d 571 (Supreme Court of Pennsylvania, 1985)
Paiano v. Home Insurance
385 A.2d 460 (Superior Court of Pennsylvania, 1978)
Groff v. State Farm Fire & Casualty Co.
646 F. Supp. 973 (E.D. Pennsylvania, 1986)
Falco v. PADOS
282 A.2d 351 (Supreme Court of Pennsylvania, 1971)
In Re Estate of Indyk
413 A.2d 371 (Supreme Court of Pennsylvania, 1979)
Garber v. Travelers Insurance Companies
421 A.2d 744 (Superior Court of Pennsylvania, 1980)
Commonwealth v. Wallace
433 A.2d 856 (Supreme Court of Pennsylvania, 1981)
Hack v. Hack
433 A.2d 859 (Supreme Court of Pennsylvania, 1981)
Votedian v. General Accident Fire & Life Assurance Corp.
478 A.2d 1324 (Supreme Court of Pennsylvania, 1984)
Mamlin v. Genoe
17 A.2d 407 (Supreme Court of Pennsylvania, 1940)

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Bluebook (online)
1 Pa. D. & C.4th 569, 1988 Pa. Dist. & Cnty. Dec. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neil-v-allstate-insurance-co-pactcomplallegh-1988.