Santorella v. Donegal Mutual Insurance

905 A.2d 534, 2006 Pa. Super. 202, 2006 Pa. Super. LEXIS 1686
CourtSuperior Court of Pennsylvania
DecidedJuly 31, 2006
DocketNos. 1350, 1351 WDA 2005
StatusPublished

This text of 905 A.2d 534 (Santorella v. Donegal Mutual 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
Santorella v. Donegal Mutual Insurance, 905 A.2d 534, 2006 Pa. Super. 202, 2006 Pa. Super. LEXIS 1686 (Pa. Ct. App. 2006).

Opinions

OPINION BY

FORD ELLIOTT, P.J.:

¶ 1 In these appeals, we are asked to decide whether the trial court erred when it granted David Santorella’s (“son’s”) motion for summary judgment and denied Donegal Mutual Insurance Company’s (“insurer’s”) motion for summary judgment.1 We reverse both orders and therefore enter summary judgment in favor of insurer.

¶2 The facts of this case are not in dispute. Son, who previously lived in Pennsylvania, moved to California in the summer of 2003, where he purchased a sports car, which he registered in that state. In the fall of 2003, son returned to Pennsylvania to live with his parents. Son allowed the insurance on his sports car to lapse because he did not plan to drive it during the winter months. Son did not register the sports car in Pennsylvania.

¶ 3 On January 30, 2004, son was injured in an accident in Pennsylvania while riding as a passenger in a motor vehicle owned by a third party. Son sought first-party benefits from insurer, who insured parents’ vehicles and provided first-party insurance coverage for any member of parents’ household. Insurer denied coverage because son owned a registered, uninsured motor vehicle, the sports car.

¶ 4 Son filed a complaint against insurer seeking to recover first-party benefits. Both parties filed motions for summary judgment. The trial court denied insurer’s motion and granted son’s motion. These timely appeals followed, in which insurer raises the following issue: “Whether the court below erred when it decided that [son] is entitled to recover first party benefits despite his failure to provide financial responsibility for the automobile which he owned.” (Appellant’s brief at 2.)

¶5 ‘When a party seeks summary judgment, a court shall enter judgment whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense that could be established by additional discovery.” Swords v. Harleysville Ins. Companies (“Swords II"), 584 Pa. 382, 389-390, 883 A.2d 562, 566 (2005) (citation omitted). “A motion for summary judgment is based on an evidentiary record that entitles the moving party to a judgment as a matter of law.” Id. at 390, 883 A.2d at 566. “In considering the merits of a motion for summary judgment, a court views the record in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party.” Id. at 390, 883 A.2d at 566-567. “Finally, the court may grant summary judgment only when the right to such a judgment is clear and free from doubt.” Id. at 390, 883 A.2d at 567 (citation omitted). “An appellate court may reverse the granting of a motion for summary judgment if there has been an error of law or an abuse of discretion.” Id. (citation omitted). “Whether the MVFRL precludes owners of registered but uninsured vehicles from recovering first-party benefits is a question of law; accordingly, our standard of review is de [536]*536novo.” Id. (citation omitted). “Our scope of review, to the extent necessary to resolve the legal question before us, is plenary.” Id. (citation omitted).

¶ 6 The disposition of insurer’s issue requires us to interpret § 1714 of the Motor Vehicle Financial Responsibility Law (“MVFRL”), 75 Pa.C.S.A. § 1714. That section is found in Part II. Title, Registration and Licensing, Chapter 17. Financial Responsibility, Subehapter B. Motor Vehicle Liability Insurance First Party Benefits, and is entitled “Ineligible claimants.” It provides: “An owner of a currently registered motor vehicle who does not have financial responsibility or an operator or occupant of a recreational vehicle not intended for highway use, motorcycle, motor-driven cycle, motorized pedal-cycle or like type vehicle required to be registered under this title cannot recover first party benefits.” 75 Pa.C.S.A. § 1714. Section 1702 defines first-party benefits as “[mjedical benefits, income loss benefits, accidental death benefits and funeral benefits.” 75 Pa.C.S.A. § 1702. Definitions.

¶ 7 The pivotal question in this case, therefore, is whether son’s sports car was a registered vehicle for purposes of § 1714. Insurer argues that it was registered because son registered the vehicle in California, and § 1714 does not include language limiting the financial responsibility requirement to those vehicles registered in Pennsylvania.

¶ 8 It is undisputed that at the time of the accident, son owned a sports car, registered in California. Son concedes that at the time of the accident he had relocated to Pennsylvania. If son intended to drive his car in Pennsylvania, he was required to have it properly registered in this Commonwealth pursuant to Chapter 18 of the Pennsylvania MVFRL: 1) registration is the authority for a vehicle to operate on a highway as evidenced by the issuance of an identifying card and plate or plates, pursuant to § 102; 2) when son returned to Pennsylvania, § 1312 required him to notify the Department of Transportation of his old and new addresses and the vehicle^) registered in his name if he intended to drive the sports car in Pennsylvania; and 3) his vehicle was not exempt from the registration requirements of § 1301 of the Vehicle Code, which exempts non-resident vehicles from the registration requirements, because he was a resident of Pennsylvania, living with his parents, after he returned from California.

¶ 9 Son explains, however, that it was not necessary for him to register his vehicle in Pennsylvania because he did not intend to drive or move the sports car upon any highway in Pennsylvania for several months after his return, pursuant to § 102 and, particularly, § 1301, which requires that “[n]o person shall drive or move ... upon any highway any vehicle which is not registered in this Commonwealth unless the vehicle is exempt from registration.” 75 Pa.C.S.A. § 1301.

¶ 10 We understand and appreciate the logic of son’s argument. We are also mindful of the trial court’s determination that because § 1711 of the MVFRL only requires insurers to provide first-party benefit coverage when issuing or delivering liability insurance policies covering any motor vehicle of the type required to be registered under this title that is registered and operated in the Commonwealth of Pennsylvania, likewise, the Legislature intended that § 1714 apply only to vehicles registered in this Commonwealth. See 75 Pa.C.S.A. § 1711.2 We believe, [537]*537however, that both the trial court and son erred in relying on the specific language of § 1711 to interpret § 1714, as the two sections serve very different purposes.

¶ 11 The trial court relied on Pugh v. Government Employees Ins. Co., 380 Pa.Super. 606, 552 A.2d 708 (1989). (See trial court opinion, 6/28/05 at 5.)3 The Pugh panel held that “there are two requirements for determining an insured’s entitlement to recover first party benefits: (1) the insured vehicle must be a vehicle of the type required to be registered, such as an automobile, and (2) the insured vehicle must actually be registered in the Commonwealth.” Pugh, 552 A.2d at 709-710. Continuing, the Pugh

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Swords v. Harleysville Insurance Companies
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831 A.2d 641 (Superior Court of Pennsylvania, 2003)

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Bluebook (online)
905 A.2d 534, 2006 Pa. Super. 202, 2006 Pa. Super. LEXIS 1686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santorella-v-donegal-mutual-insurance-pasuperct-2006.