Progressive Northern Insurance v. Universal Underwriters Insurance

898 A.2d 1116, 2006 Pa. Super. 101, 2006 Pa. Super. LEXIS 660
CourtSuperior Court of Pennsylvania
DecidedMay 3, 2006
Docket713 and 735 WDA 2005
StatusPublished
Cited by7 cases

This text of 898 A.2d 1116 (Progressive Northern Insurance v. Universal Underwriters Insurance) 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
Progressive Northern Insurance v. Universal Underwriters Insurance, 898 A.2d 1116, 2006 Pa. Super. 101, 2006 Pa. Super. LEXIS 660 (Pa. Ct. App. 2006).

Opinion

OPINION BY

DEL SOLE, P.J.E.:

¶ 1 This is an appeal from the judgment entered in accordance with the trial court’s ruling following the consideration of post-trial motions filed in this declaratory judgment action submitted on stipulated facts. The trial court was asked to determine questions regarding liability and physical damage coverage in an instance where a driver operating a vehicle on loan from a car dealership was involved in an automobile accident with another vehicle.

¶ 2 The facts as agreed to by the parties are as follows: Brent McNeely (McNeely), the son of Michael McNeely and a resident of his household, was operating a vehicle owned by Young Volkswagen, Inc. (Young Volkswagen) and made available for his use when he was involved in an accident with a vehicle owned by third party. Michael McNeely was the owner of an automobile insurance policy purchased from Progressive Northern Insurance Company (Progressive). Universal Underwriters Insurance Company (Universal) was the automobile insurance carrier for Young Volkswagen at the time of the accident. Progressive received two claims for payment: The third party submitted a claim to recover for property damage to the third party vehicle and Universal submitted a claim for damage to the vehicle *1118 owned by Young Volkswagen which was driven by McNeely and damaged in the accident.

¶ 3 After an examination of the policy language at issue, the trial court ultimately ruled that both the Universal policy and the Progressive policy provide liability and physical damage coverage to McNeely on a primary basis. Thereafter, both Universal and Progressive filed cross-appeals, prompting our review of the matter.

¶4 We begin by noting that the parties do not dispute McNeely’s status as an insured under the Progressive policy issued to his father. McNeely’s status as an insured for purposes of liability coverage under the Universal policy is contested by the parties. 1 Of issue is the relevant policy language in the Universal policy which defines an insured as:

(4) Any other person or organization required by law to be an INSURED while using an AUTO covered by this Coverage Part within the scope of YOUR permission.

Universal Policy Garage Unicover Coverage Part 500, at 42. The trial court ruled that under the provisions of the Motor Vehicle Financial Responsibility Law (MVFRL), McNeely was “required by law to be an insured” and thus he fit within the definition of an insured under the Universal policy.

¶ 5 Universal disputes this ruling, relying principally on the Pennsylvania Supreme Court’s decision in State Farm Mut. Auto. Ins. v. Universal Underwriters Ins. Co., 549 Pa. 518, 701 A.2d 1330 (1997). The State Farm case is factually similar as it concerns an automobile dealership customer who, while driving a dealership vehicle on loan because her own car was being repaired, was involved in an accident with another vehicle. The customer’s own insurer, State Farm, brought a declaratory judgment action against Universal, the dealership’s insurer. State Farm sought to obtain compensation for part of the costs of the defense it offered its insured in an action brought by the third party and for settlement of the third-party claims. At issue was whether the customer was an insured under the terms of the Universal policy. The Universal policy language was identical to that found in this case and covered those persons “required by law to be an INSURED.” Id. at 1332.

¶ 6 The court in State Farm concluded that under the provisions of the version of the MVFRL in effect in 1988, the customer was not “required by law to be an insured” where the customer was already “covered by financial responsibility due to her own auto insurance policy.” Id. at 1333. In reaching this conclusion the court first remarked that the MVFRL did not contain an express clause requiring all permissive users of a vehicle to be insureds under the vehicle owner’s policy of insurance. Noting that this point alone was not determinative, the court sought to analyze whether such a requirement could be implied. The court considered the language of § 1786 which provided “that each motor vehicle registrant shall certify that he has provided ‘financial responsibility’ at the time he registers his vehicle.” Id. (citing 75 Pa.C.S.A. § 1786). The court rejected the proposition that all permissive users would have to be insured under the owner’s policy to be in compliance with § 1786. It noted that § 1786 “is utterly *1119 silent as to whom the coverage of the owner’s policy runs.” Id. The court reasoned that such language could not be read as a mandate requiring insured drivers using another’s vehicle with permission to be insured under the owner’s policy.

¶ 7 In seeking application of State Farm to the instant case, Universal recognizes the cautionary language contained therein which provides:

We note that the MVFRL underwent substantial amendments in 1990. These 1990 amendments are not applicable to this matter, however, as the accident in question predated their promulgation. We specially caution the lower courts and the practicing Bar that this opinion is not meant to be controlling precedent in interpretation of the provision of the post-1990 MVFRL.

Id. at 1332 n. 2.

Universal argues that although this case calls for a post-1990 analysis and the State Farm decision is therefore not controlling, its rationale and conclusion should be applied because the 1990 amendments did not materially change any of the relevant sections of the MVFRL. We do not accept this reading of the MVFRL.

¶ 8 The 1990 amendments added subsection (f) to § 1786 to provide:

Any owner of a motor vehicle for which the existence of financial responsibility is a requirement for its legal operation shall not operate the motor vehicle or permit it to be operated upon a highway of this Commonwealth without the financial responsibility required by this chapter.

75 Pa.C.S.A. § 1786(f) (emphasis added). This added provision alters the former § 1786 significantly. Where the pre-1990 provision required only that each motor vehicle registrant certify the registrant’s financial responsibility, § 1786 now speaks directly about the necessity of ensuring coverage for each operated motor vehicle. Further, § 1786 now also directly states that financial responsibility is required when another operates the owner’s vehicle with permission. Thus, contrary to Universal’s position, the relevant provisions of the MVFRL did set forth material changes which make the analysis offered in State Farm inapplicable. In addition, we find that the language set forth in the 1990 version of the MVFRL suggests a contrary result to that reached in State Farm.

¶ 9 Admittedly, the MVFRL continues not to include specific language directing that all permissive users of a vehicle be insured under the owner’s insurance.

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Cite This Page — Counsel Stack

Bluebook (online)
898 A.2d 1116, 2006 Pa. Super. 101, 2006 Pa. Super. LEXIS 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/progressive-northern-insurance-v-universal-underwriters-insurance-pasuperct-2006.