Wiedinmyer v. Harleysville Mutual Insurance

42 Pa. D. & C.4th 204, 1999 Pa. Dist. & Cnty. Dec. LEXIS 139
CourtPennsylvania Court of Common Pleas, Montgomery County
DecidedAugust 5, 1999
Docketno. 94-19450
StatusPublished
Cited by1 cases

This text of 42 Pa. D. & C.4th 204 (Wiedinmyer v. Harleysville Mutual Insurance) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wiedinmyer v. Harleysville Mutual Insurance, 42 Pa. D. & C.4th 204, 1999 Pa. Dist. & Cnty. Dec. LEXIS 139 (Pa. Super. Ct. 1999).

Opinion

NICHOLAS, J.,

This opinion is necessitated by plaintiff’s appeal to the Superior Court of Pennsylvania from our order dated June 4, 1999, granting defendant’s motion for summary judgment.

Plaintiff, Karen Wiedinmyer, is the administratrix of the estate of Micah C. Wiedinmyer, who died on May 29, 1993, as the result of injuries sustained in a two-vehicle automobile accident which also claimed the lives of four other people. Defendant, Harleysville Mutual Insurance Company, is an insurance carrier which issued a policy for automobile insurance to one Benjamin Griscom which was in effect at the time of the accident [206]*206and which provided underinsured motorist coverage in accordance with 75 Pa.C.S. §1701 et seq.1

Plaintiff filed her complaint in this action on October 4, 1994. In her complaint, plaintiff seeks damages for defendant’s alleged bad faith handling of an underinsured motorist claim made by plaintiff upon the insurance policy issued to Mr. Griscom. Plaintiff alleges that demand was made upon defendant for payment on January 13,1994, and that defendant failed to make a timely payment, despite knowledge of the claim’s legitimacy. Plaintiff further alleges that defendant acted in bad faith by failing to reasonably investigate and process plaintiff’s claim and by not attempting to negotiate an equitable settlement of plaintiff’s claim.2

On February 14, 1995, defendant filed its motion for summary judgment, contending that, at most, plaintiff’s complaint alleges that defendant was negligent in handling plaintiff’s underinsured motorist claim and that mere negligence by an insurer is not actionable pursuant to 42 Pa.C.S. §8371. Defendant contends that any apparent delay in processing plaintiff’s claim upon the insurance policy issued to Mr. Griscom is readily explained by the fact that plaintiff was not the only party making claim to the proceeds of this policy. Mr. Griscom’s policy contained a single limit of $300,000 in underinsured motorist benefits. In addition to plaintiff’s claim upon [207]*207this policy, a claim was also made by the estate of Sean Rocks, another individual killed in the accident. Defendant contends that these rival claims required investigation and negotiation and that neither claim could be settled without taking into account the rights of the other claimant. Defendant avers — and plaintiff admits — that payment ultimately was made upon Mr. Griscom’s policy, with plaintiff and the estate of Sean Rocks receiving equal $150,000 shares of the $300,000 policy benefits.

On September 11,1996, defendant’s motion for summary judgment came on for oral argument before the undersigned. By order dated September 13, 1996, disposition of defendant’s motion was deferred pending further development of the record. Upon agreement of the parties, counsel were directed to submit to the court, within 10 days, an agreed stipulation of facts to assist the court in making its determination. The court’s order further provided that:

“In the event either party believes that even after the stipulated facts, depositions may be required to further develop the record sufficiently for the court to rule on the defendant’s motion for summary judgment, such party is to advise the court of the nature of the disputed fact and the identity of the person or persons to be deposed with respect thereto.”

Following our order of September 13,1996, this case engendered no further docket activity until October 29, 1998, when an active status certification was filed in response to a notice to teminate issued pursuant to Montgomery County Local Rule 406.

On March 11, 1999, the parties filed a sipulation of facts, consisting of correspondence related to plaintiff’s claim. Neither party made any request to conduct depo[208]*208sitions to further develop the record as provided for in our order dated September 13, 1996.

Defendant’s motion for summary judgment came on for oral argument before the undersigned for the second time on May 4, 1999. Upon careful consideration of the motion, plaintiff’s response thereto, the briefs of counsel, and the stipulation of facts, the court granted defendant’s motion for summary judgment by order dated June 4, 1999.

Plaintiff filed her notice of appeal to the Superior Court of Pennsylvania on June 28, 1999. By order dated July 9, 1999, plaintiff was directed to provide this court with a concise statement of the matters complained of on appeal, pursuant to Pa.R.A.P. 1925(b). Plaintiff’s concise statement was received on July 22, 1999.

In her concise statement, plaintiff contends:

“(1) The trial court erred in its determination that no genuine issue of any material fact existed, as to a necessary element of the cause of action under 42 Pa.C.S. §8371.
“(2) The trial court erred in its determination that, as a matter of law, no reasonable jury could find that the stipulation of facts establishes, by clear and convincing evidence, bad faith pursuant to 42 Pa.C.S. §8371, with regard to plaintiff’s underinsured motorist claim.”

We see no merit to plaintiff’s contentions of error.

We note first the standards governing an award of summary judgment. Pa.R.C.P. 1035.2 provides that summary judgment may be granted:

“(1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or
[209]*209“(2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury.”

Discovery in the instant case was completed upon the filing with this court of the parties’ stipulation of facts without any request for further depositions. Our review of this stipulation convinced the court that plaintiff had failed, as a matter of law, to offer sufficient evidence for a reasonable jury to conclude that defendant acted in bad faith with regard to its handling of plaintiff’s underinsured motorist claim. In reaching this conclusion, this court did not make any factual determination as to the truth of plaintiff’s allegations. This court, rather, made a legal determination that the record reveals no genuine issue of material fact as to which a factual determination need be made. Boring v. Erie Insurance Group, 434 Pa. Super. 40, 641 A.2d 1189 (1994). While the party requesting that summary judgment be entered in its favor has the initial burden of demonstrating that no genuine issue of material fact exists, First Wisconsin Trust Co. v. Strausser, 439 Pa. Super. 192, 653 A.2d 688 (1995), the non-moving party may not avoid summary judgment where it produces no evidence to support an issue on which it bears the burden of proof. Ertel v. Patriot-News Co., 544 Pa. 93, 674 A.2d 1038 (1996), cert. denied, 117 S.Ct.

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Bluebook (online)
42 Pa. D. & C.4th 204, 1999 Pa. Dist. & Cnty. Dec. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiedinmyer-v-harleysville-mutual-insurance-pactcomplmontgo-1999.