Swantek v. Prudential Property & Casualty Insurance

48 Pa. D. & C.3d 42, 1988 Pa. Dist. & Cnty. Dec. LEXIS 260
CourtPennsylvania Court of Common Pleas, Erie County
DecidedMarch 8, 1988
Docketno. 738-A-1986
StatusPublished
Cited by1 cases

This text of 48 Pa. D. & C.3d 42 (Swantek v. Prudential Property & Casualty Insurance) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Erie County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Swantek v. Prudential Property & Casualty Insurance, 48 Pa. D. & C.3d 42, 1988 Pa. Dist. & Cnty. Dec. LEXIS 260 (Pa. Super. Ct. 1988).

Opinion

LEVIN, J.,

This matter comes before the court on defendants’ motion for summary judgment.

Plaiptiffs bought certain automobile insurance coverage from the above-named defendant, Prudential Property & Casualty Insurance Company from their agent, defendant Joseph Fries. Sometime thereafter, plaintiff wife was involved in an automobile accident with an uninsured driver. Under the terms of their insurance policy with Prudential Property & Casualty Insurance Company, plaintiff wife was able to recover approximately $30,000 in uninsured motorist benefits. Plaintiffs’ uninsured motorists benefits, which covered two vehicles insured at $15,000 each, were stacked to arrive at $30,000.

Plaintiffs now contend that the coverage afforded them under the uninsured motorist portion of the policy was inadequate to compensate plaintiff/wife for her injuries. As such, it is plaintiffs’ position that Prudential, by and through its agent, Joseph Fries, [44]*44acting on behalf of Prudential, was negligent for not completely reviewing all aspects of their insurance coverage giving due consideration to its availability, its costs and the financial resources of plaintiffs which would enable them to purchase certain insurance. Plaintiffs further contend, in view of the above, that defendants were negligent for not recommending plaintiffs purchase higher limits of uninsured motorists coverage. They also have alleged that the relationship between plaintiffs and defendant Joseph Fries was unique in that they relied heavily on his expertise in this matter. Based on this, they have brought the present claim against Prudential and Joseph Fries as Prudential’s agent and its authorized representative.

In support of their motion for summary judgment, defendants argue that the language contained in the insurance policy was clear and unambiguous. They rely on Standard Venetian Blind Co. v. American Empire Insurance Co., 503 Pa. 300, 469 A.2d 653 (1983) for the proposition that an insurance agent is not required to explain those provisions clearly set forth in an insurance policy. While this is a correct statement of the law, it does not address the issue found in this case. Rather, the question herein is whether the insurance agent has a duty to inform an insurance buyer of the availability of those insurance benefits of which the buyer is unaware; moreover, must the agent be cognizant of the buyer’s financial condition when he is advising buyers of the available benefits? Defendants also rely on Banker v. Valley Forge Insurance Company, 363 Pa. Super. 456, 526 A.2d 434 (1987). Again, although this case mirrors the law enunciated in Standard Venetian Blind Co. v. American Empire Insurance Co., supra, it does not address the issues presently before the court. In fact, the court in [45]*45Banker stated that their decision was controlled by Standard Venetian Blind Co. v. American Insurance Co.

Initially, this court notes that there is a relative dearth of case law in this commonwealth regarding the liability of an insurance agent in this type of factual situation. However, a recent common pleas decision is enlightening. In Peterson v. State Farm Insurance Co., 133 P.L.J. 437 (1985), Judge Wettick, in his well reasoned opinion, concluded that a cause of action exists where an insurance agent fails to make competent recommendations concerning the type of insurance coverage a plaintiff ought to secure. Id. at 438. Although this court is not bound by the decision of a sister jurisdiction, the analysis in the Peterson opinion is persuasive and applicable to the present case.

Specifically, the Peterson court opined that the standard of care required of those rendering professional services is set forth in the Restatement (Second) Torts §299(A):

“Undertaking in Profession or Trade. — “Unless he represents that he has greater or less skill or knowledge, one who undertakes to render services in the.practice of a profession or trade is required to exercise the skill and knowledge normally possessed by members of that profession or trade in good standing in similar communities.”

The comments following section 299(A) define the word “skill” as intended by this section:

“It is that special form of competence which is not part of the ordinary equipment of the reasonable man, but which is the result of acquired learning and aptitude developed by special training and experience. All professions, and most trades, are necessarily skilled, and the word is used to refer to the [46]*46special competence which they require.” Restatement (Second) Torts §299, comment a.

Comment b of this section applies the standard of care iterated in section 299 to any person who undertakes to render services to another in the practice of a profession. This standard has been followed by the Pennsylvania appellate courts in deciding those cases predicted upon the negligence of professionals. See generally, Incollingo v. Ewing, 444 Pa. 263, 282 A.2d 206 (1971); Bloomburg Mills Inc. v. Sandoni Construction Co., 401 Pa. 358, 164 A.2d 201 (1960); Robert Wooler Co. v. Fidelity Bank, 330 Pa. Super. 523, 479 A.2d 1027 (1984). As noted by the court in Peterson v. State Farm Insurance Co., supra, no appellate court has specifically applied the aforestated standard of care to insurance agents. That fact, however, would not preclude its application in just such a case. Consistent with the comments to section 299, an insurance agent holds him or herself out to the public as one being experienced and knowledgeable in a field that is increasingly becoming complicated and specialized. This is borne out by the regulations governing insurance agents in Pennsylvania 40 Pa. S.A. §231 et seq. In order to sell insurance in this state, the agent must obtain a license, and if he or she does not, then the agent who continues to sell insurance without a license is subject to. certain sanctions including a monetary penalty. 40 Pa. S.A. §231, et seq., 40 Pa. S.A. §278.

To become a licensed agent, an applicant must submit certain written interrogatories upon which the insurance commissioner will determine the fitnéss of the applicant to sell insurance. 40 Pa. S.A. §233. That section states further: “When the insurance commissioner is satisfied that the applicant is worthy of a license, and that he is reasonably famil[47]*47iar with provisions of the insurance law of this commonwealth, he shall issue a license ...” 40 Pa.S.A. 2 §233(2). It is obvious from the statutes that the commonwealth deems an insurance agent to be a professional skilled in the business of insurance matters.

Our appellate courts have held that the focal point of an insurance transaction is the reasonable expectation of the insured. See State Auto Insurance Assoc. v. Anderson, 365 Pa. Super. 85, 528 A.2d 1374, (1987) citing to Collister v. Nationwide Life Insurance Co., 479 Pa. 579, 388 A.2d 1346

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Bluebook (online)
48 Pa. D. & C.3d 42, 1988 Pa. Dist. & Cnty. Dec. LEXIS 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swantek-v-prudential-property-casualty-insurance-pactcomplerie-1988.