Wall Rose Mutual Insurance v. Manross

939 A.2d 958, 2007 Pa. Super. 395, 2007 Pa. Super. LEXIS 4418
CourtSuperior Court of Pennsylvania
DecidedDecember 21, 2007
StatusPublished
Cited by53 cases

This text of 939 A.2d 958 (Wall Rose Mutual Insurance v. Manross) 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
Wall Rose Mutual Insurance v. Manross, 939 A.2d 958, 2007 Pa. Super. 395, 2007 Pa. Super. LEXIS 4418 (Pa. Ct. App. 2007).

Opinion

OPINION BY

HUDOCK, J.:

¶ 1 In this declaratory judgment action, Anthony Cafaro, a minor, by and through Shari Cafaro, as parent and natural guardian, and Shari Cafaro, individually (collectively, “the Cafaros”), appeal entry of summary judgment in favor of Wall Rose Mutual Insurance Company (hereinafter “Wall Rose”). We affirm.

¶ 2 The trial court has ably summarized the pertinent facts and procedural history of this action as follows:

[Wall Rose requested] summary judgment in this declaratory judgment action, which [sought] a determination as to whether Allen J. Darr (hereinafter “A.J. Darr”) is an “insured” under the homeowner’s policy issued by [Wall Rose] to Esther Manross, [A.J. Darr’s grandmother,] in regard to the incident that occurred on June 14, 2004 at the Manross’ home. [Wall Rose’s] Motion for Summary Judgment is based on its assertion that A.J. Darr was not living at the Manross residence on June 14, 2004 and consequently does not qualify as an “insured” under the homeowner’s policy. [The Cafaros] have filed their own Motion for Summary Judgment in which they contend that the Manross household was in fact A. J.’s residence on June 14, 2004. The Cafaros are the plaintiffs in two other actions, filed at A.D.2005-519 and A.D.2004-544, from which stems the present action for declaratory judgment.
The events giving rise to this action occurred on June 14, 2004 at the home of Esther Manross. This much [is] undisputed. Although it also appears undisputed that Anthony Cafaro was injured while visiting the Manross residence by an ornamental dagger, which struck his left leg, the specifics as to how the injury occurred are at odds in the various pleadings and motions filed by the parties. [In the briefs on appeal, the parties appear to agree that the stabbing was accidental.] However, how the incident occurred does not bear on the issue [to be decided]. Due to the two pending actions that followed the incident on June 14, 2004, [Wall Rose sought] a determination through this declaratory judgment action as to whether A.J. Darr qualifies as an “insured” under the homeowners insurance policy issued by [Wall Rose to Esther Manross].

Trial Court Opinion, 10/3/06, at 1-2. The trial court denied the Cafaros’ motion and entered summary judgment in favor of Wall Rose, holding that A.J. “was not a resident of any household” but, rather, was “a vagabond”, who “drifted from place to place to suit his needs at that moment in time.” Id. at 6-7. Accordingly, A.J. Darr was not considered an “insured” under the terms of the policy. The Cafaros timely appealed, and they now ask this Court to consider the following:

1. Whether the Trial Court erred when it did not specifically find that the Wall Rose definition of an insured as “resident relative” was ambiguous and thereafter interpreting the ambiguous policy language against Wall Rose as the writer of the policy and finding that the Esther Manross home was one of A.J. Darr’s residences!?]
2. Whether the Trial Court erred in failing to decide that there were genuine issues of material fact in dispute and that reasonable minds could differ as to the issue of A.J. Darr’s residency therefore denying *962 both partiesf] motions for Summary Judgment and submitting this case to a jury to decide the factual issues in dispute?

The Cafaros’ Brief at 4.

¶ 3 Our scope of review is plenary when considering an order granting summary judgment pursuant to a declaratory judgment action. Kvaerner Metals Division of Kvaerner U.S., Inc. v. Commercial Union Insurance Company, 589 Pa. 317, 908 A.2d 888, 895 (2006). We will reverse the order of the trial court only if we find that an error of law or an abuse of discretion has occurred. Id. An abuse of discretion is not merely an error of judgment. Poden v. Baker Concrete Construction, Inc., 540 Pa. 409, 658 A.2d 341, 343 (1995). Furthermore, it is insufficient to persuade the appellate court that it might have reached a different conclusion if, in the first place, charged with the duty imposed on the trial court below. Id.

An abuse of discretion exists when the trial court has rendered a judgment that is manifestly unreasonable, arbitrary, or capricious, has faded to apply the law, or was motivated by partiality, prejudice, bias, or ill will. Where the record adequately supports the trial court’s reasons and factual basis, the court did not abuse its discretion.

Harman v. Borah, 562 Pa. 455, 756 A.2d 1116, 1123 (2000) (citations omitted).

¶ 4 Summary judgment is proper only when the pleadings, depositions, answers to interrogatories, admissions and affidavits and other materials demonstrate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Blumenstock v. Gibson, 811 A.2d 1029, 1033 (Pa.Super.2002), appeal denied, 573 Pa. 714, 828 A.2d 349 (2003). The reviewing court must view the record in the light most favorable to the nonmoving party and resolve all doubts as to the existence of a genuine issue of material fact against the moving party. Kvaerner, 908 A.2d at 895-96. Only when the facts are so clear that reasonable minds could not differ can a trial court properly enter summary judgment. Id. at 896.

¶ 5 Moreover, a policy of insurance is a contract, and the interpretation of a contract is a question of law for which our standard of review is de novo. General Refractories Company v. Insurance Company of North America, 906 A.2d 610, 612 (Pa.Super.2006). When construing the written contract that embodies the terms of a policy of insurance, courts must look to the intent of the parties as expressed in the writing itself. Id. When the words of the insurance policy are clear and unambiguous, the intent is to be gleaned exclusively from the explicit language of the agreement. Id. The focus of any such interpretation is upon the terms of the agreement as manifestly expressed, rather than as, perhaps, silently intended. Id. Words of “common usage” in an insurance policy are to be construed in their natural, plain, and ordinary sense, and a court may inform its understanding of these terms by considering their dictionary definitions. Id. Moreover, courts must construe the terms of an insurance policy as written and may not modify the plain meaning of the words under the guise of “interpreting” the policy. Id. If the terms of a policy are clear, this Court cannot rewrite it or give it a construction in conflict with the accepted and plain meaning of the language used. Id.

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939 A.2d 958, 2007 Pa. Super. 395, 2007 Pa. Super. LEXIS 4418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wall-rose-mutual-insurance-v-manross-pasuperct-2007.