Weilacher v. State Farm Mutual Automobile Insurance

65 A.3d 976, 2013 Pa. Super. 97, 2013 WL 1775649, 2013 Pa. Super. LEXIS 289
CourtSuperior Court of Pennsylvania
DecidedApril 25, 2013
StatusPublished
Cited by16 cases

This text of 65 A.3d 976 (Weilacher v. State Farm Mutual Automobile 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
Weilacher v. State Farm Mutual Automobile Insurance, 65 A.3d 976, 2013 Pa. Super. 97, 2013 WL 1775649, 2013 Pa. Super. LEXIS 289 (Pa. Ct. App. 2013).

Opinion

OPINION BY

MUSMANNO, J.:

Thomas M. Weilacher and Melissa Wei-lacher (“Melissa”), Husband and Wife (collectively “the Weilachers”), appeal from the trial court’s Order denying their Motion for summary judgment and granting State Farm Mutual Automobile Insurance Company’s (“State Farm”) Motion for summary judgment. We reverse and remand.

The trial court has set forth the stipulations of fact as agreed upon by the parties:

1. [The Weilachers] are the sole named insureds under a policy of automo[979]*979bile insurance with [State Farm], which policy number is 005 0085-F27 (“the mutual policy”).
2. The mutual policy was in full force and effect on April 26, 2010.
3. [The Weilachers] have submitted a claim for underinsured motorist [“UIM”] coverage under the mutual policy for damages they sustained as the result of injuries suffered by [Melissa] in an accident on April 26, 2010[,] with Gwen Steger in Waterford, Erie County, Pennsylvania.
4. [The Weilachers] have submitted documentation to [State Farm] that the automobile liability insurance carrier for Gwen Steger has offered and they have accepted its limits of bodily injury liability to [the Wei-lachers]. [State Farm] has waived its right of subrogation with regard to [Gwen] Steger.
5. [The Weilachers] have asserted that the limit of liability of [UIM] coverage under the mutual policy for their claim is $500,000, stacked for two vehicles.
6. [State Farm] has asserted that the limit of liability of [UIM] coverage under the mutual policy for [the Weilachers’] claim is $25,000 per person/$50,000 per accident, stacked for two vehicles.
7.
8. On June 27, 1994, [the Weilachers] made [an] application for an automobile policy with State Farm Fire and Casualty Company.
9. With that application, [the Weilach-ers] signed an “Important Notice,” and a “Rejection of Underinsured Motorist Protection” form.
10. At the time of their application, [the Weilachers] (one or both of them) did not sign a written request selecting uninsured motorist [“UM”] coverage in an amount less than or equal to the bodily injury liability limits.
11. At the time of their application, [the Weilachers] (one or both of them) did not sign a written request selecting [UIM] coverage in an amount less than [or] equal to the bodily injury liability limits.
12. At the time of their application, State Farm Fire and Casualty Company had an “Acknowledgment of Selection” form by which a named insured could select [UIM] vehicle coverage limits in an amount less than or equal to the bodily injury liability limits, and required a named insured’s signature.
18. At the time of their application, State Farm Fire and Casualty Company had an “Acknowledgment of Selection” form by which a named insured could select [UM] vehicle coverage limits in an amount less than or equal to the bodily injury liability limits, and required a named insured’s signature.
14. At the time of their application, State Farm Fire and Casualty Company did not obtain an “Acknowledgment of Selection” form for either [UM] or [UIM] coverage signed by either of [the Weilach-ers].
15. State Farm Fire and Casualty Company issued a standard policy number S26 2204-F27 (the “standard policy”) on June 27, 1994[,] to [the Weilachers].
16. The standard policy remained in effect until September 2,1999.
17. During the period from June 27, 1994[,] to September 2, 1999, State Farm Fire and Casualty Company did not receive any requests to add [980]*980[UM] or [UIM] coverage in any amount.
18. During the period from June 27, 1994[,] to September 2, 1999[,] State Farm Fire and Casualty Company did not receive any signed written request from [the Weilachers] (one or both of them) selecting [UM] coverage in an amount less than or equal to the bodily injury liability insurance amount.
19. During the period from June 27, 1994[,] to September 2, 1999, State Farm Fire and Casualty Company did not receive any signed written request from [the Weilachers] (one or both of them) selecting [UIM] coverage in an amount less than or equal to the bodily injury liability insurance amount.
20. On September 2, 1999, the mutual policy was “issued” by [State Farm] as documented in the “Echo Policy Transactions” form. The form makes reference to “state forms” being sent. Qn that date, [the Weilachers’] insurance coverage was transferred from the standard policy written by State Farm Fire and Casualty Company, to the mutual policy written by [State Farm]. The mutual policy was a new policy replacing the standard policy. [The Weilachers’] insurance coverage was thereby transferred from State Farm Fire and Casualty Company to [State Farm].
21. On August 18, 1999, [Melissa] signed an “Important Notice.” She also signed an “Acknowledgment of Coverage Selection for Pennsylvania Uninsured Motorist Coverage” selecting [UM] coverage with limits of $25,000/$50,000. Said documents reference the transfer of coverage to the new mutual policy and the selected [UM] coverage was applied to the new policy. A premium was charged for the selected [UM] coverage.
22. The mutual [policy] premium was lower than the standard policy premium.
23. The mutual policy was issued for coverage commencing June 27, 1999.
24. From the time the mutual policy was issued through the date of the accident, [State Farm] did not ever receive any document signed by [the Weilachers] (either one or both of them) rejecting [UIM] coverage in the form established by 75 Pa. C.S.A. section 1731(c.l) for the mutual policy.
25. Prior to the accident, [State Farm] did not ever receive any “Acknowledgment of Coverage Selection for Pennsylvania Underinsured Motorist Coverage” signed by [the Wei-lachers] (one or both of them), for the mutual policy.
26. From the time the mutual policy was issued through the date of the accident, [State Farm] did not ever receive any signed, written request from [the Weilachers] (one or both of them) selecting [UIM] coverage in an amount less than or equal to the bodily injury liability limits, for the mutual policy.
27. On February 17, 2000, an “Echo Policy Transactions” form completed by [a] State Farm agent[,] indicates that [UIM] coverage was “Add[ed]” to the mutual policy, with limits of coverage of $25,000/ $50,000. This was equal to the existing bodily injury liability coverage of $25,000/$50,000.
[981]*981a) [State Farm] did not receive any “Acknowledgment of Coverage for Pennsylvania Underinsured Motorist Coverage” signed by [the Wei-lachers] (one or both of them), relating to that “transaction.”

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Bluebook (online)
65 A.3d 976, 2013 Pa. Super. 97, 2013 WL 1775649, 2013 Pa. Super. LEXIS 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weilacher-v-state-farm-mutual-automobile-insurance-pasuperct-2013.