Styers v. Bedford Grange Mutual Insurance

900 A.2d 895, 2006 Pa. Super. 118, 2006 Pa. Super. LEXIS 984
CourtSuperior Court of Pennsylvania
DecidedMay 23, 2006
StatusPublished
Cited by24 cases

This text of 900 A.2d 895 (Styers v. Bedford Grange 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
Styers v. Bedford Grange Mutual Insurance, 900 A.2d 895, 2006 Pa. Super. 118, 2006 Pa. Super. LEXIS 984 (Pa. Ct. App. 2006).

Opinion

OPINION BY

LALLY-GREEN, J.:

¶ 1 Appellants, Charles W. Styers, Sr. and Peggy S. Styers (husband and wife), and Eric L. Styers, their adult son, appeal from the Order entered by the Court of Common Pleas of Clinton County on July 13, 2005, sustaining preliminary objections filed by Bedford Grange Mutual Insurance Company. We reverse the court’s order and remand this case for further proceedings.

¶ 2 Appellants’ complaint alleges causes of action for breach of contract, bad faith insurance practices, and unfair trade practices arising out of Bedford Grange’s denial of liability coverage for property damage caused by Eric L. Styers. The totality of factual averments contained in the complaint are as follows:

3.On or about December 22, 2001, defendant Bedford Grange Mutual Insurance Company issued a policy for insurance purporting to insure a home and real estate at 362 Long Run Road, Mill Hall, Clinton County, Pennsylvania 17751. Said insurance policy also purported to insure the policy holder against loss resulting from personal liability. A true and correct copy of the insurance policy is attached and marked Exhibit “A.”
4. The aforementioned insurance policy provided insurance coverages [sic] for the premise [sic] and policy holder for all times relevant and material hereto.
5. On or about July 17, 2002, plaintiff Eric L. Styers entered and caused damage to the Cedar Run Trout Hatchery, resulting in property damage and release of a large number of fish into a nearby stream.
6. The draining of water from the hatchery raceway or holding area allowed the seepage of water from an adjoining raceway, resulting in the death of some 8800 hatchery fish there.
7. Plaintiff Eric L. Styers became personally liable for the above damages and losses suffered by the Cedar Run Fish Hatchery, in an amount in excess of $36,000.
8. Plaintiffs timely and properly notified defendant of their claim under the aforementioned insurance policy for personal liability coverage, which was insured under the policy issued by defendant.
9. Without properly or adequately investigating plaintiffs’ claim and without legal basis, defendant denied plaintiffs’ request for coverage under defendant’s insurance policy.
10. Plaintiffs have incurred monetary damages, professional fees, attorneys’ fees and court costs as a result of defendant’s denial of coverage under the insurance policy.

¶ 3 In response to the complaint, Bed-ford Grange filed preliminary objections challenging venue and demurring to each [897]*897cause of action.1 The demurrers allege that the complaint is devoid of facts giving rise to coverage under the policy at issue.

¶ 4 The policy provides liability coverage as follows:

Coverage L — Personal Liability— “We” pay, up to “our” “limit”, all sums for which an “insured” is liable by law because of “bodily injury” or “property damage” caused by an “occurrence” to which this coverage applies.

“Occurrence” is defined as “an accident,” including repeated exposures to similar conditions, that results in “bodily injury” or “property damage” during the policy period. “Property damage” is further defined as:

a. physical injury or destruction of tangible property; or
b. the loss of use of tangible property whether or not it is physically damaged.

The policy also excludes coverage for “property damage” resulting from an “occurrence,” for:

i. “bodily injury” or “property damage”:
1) which is expected by, directed by, or intended by an “insured”;
2) that is the result of a criminal act of an “insured”; or
3) that is the result of an intentional and malicious act by or at the direction of an “insured”.

This exclusion applies even if:

1) the “bodily injury” or “property damage” that occurs is different than what was expected by, directed by, or intended by the “insured”; or
2) the “bodily injury” or “property damage” is suffered by someone other than the person or persons expected by, directed by, or intended by the “insured.”

The trial court granted Bedford’s preliminary objections holding that the “criminal acts” exclusion applied to the incident for which coverage is sought:

This Court takes judicial notice of Commonwealth of Pennsylvania v. Eric Lynn Styers, Clinton County Docket No. 231-02. The record of this case shows that criminal charges were filed against Eric L. Styers, 362 Long Run Road, Mill Hall, Pennsylvania, on July 24, 2002. Mr. Styers was nineteen years old at the time. The charges were filed as a result of damage done to Cedar Run Trout Hatchery, owned and operated by James C. Tomalonis, on July 17-18, 2002. In September 2002, Mr. Styers entered a plea of nolo contendere to one court of Criminal Mischief and one count of Agricultural Vandalism. In his Guilty Plea Statement, dated and signed September 27, 2003, Mr. Styers acknowledged that he committed each element of these crimes. He was sentenced to three months to twenty-three months incarceration and ordered to pay restitution in the amount of $25,650.75. Under the Insurance Policy definitions, Eric L. Styers is the “insured” because [898]*898he was under the age of 21 and living with his parents at the time of the incident. (Bedford Grange Mutual Insurance Company Policy, page 2). Because the property damage was a result of a criminal act which was committed by an “insured,” Bedford Grange Mutual Insurance Company is under no obligation to pay the damages. Therefore, Plain-tiffsP] Complaint fails to allege any facts that would support a Breach of Contract claim.

The trial court, relying on the “criminal acts” exclusion, also held that because there was no coverage under the policy, the complaint failed to state a cause of action for either Bad Faith Insurance Practices or Unfair Trade Practices. This appeal followed.2

¶ 5 Appellants raise four issues:3
1. Whether the Judge erred as a matter of law in considering facts outside Appellants’ Complaint when ruling on Appellee’s preliminary objections in the nature of a demurrer?
2. Whether Plaintiffs Complaint set [sic] forth a prima facie case of Breach of Contract?
3. Whether Plaintiffs Complaint set [sic] forth a prima facie case of Bad Faith Insurance Practices?
4. Whether Plaintiffs Complaint set [sic] forth a prima facie ease of a violation of the Unfair Trade Practices Act?

Appellants’ Brief at 6.

¶ 6 When reviewing a trial court’s order sustaining preliminary objections and dismissing a suit, an appellate court’s scope of review is plenary. DeMary v. Latrobe Printing & Pub. Co., 762 A.2d 758, 761 (Pa.Super.2000).

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Cite This Page — Counsel Stack

Bluebook (online)
900 A.2d 895, 2006 Pa. Super. 118, 2006 Pa. Super. LEXIS 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/styers-v-bedford-grange-mutual-insurance-pasuperct-2006.