Windrim v. Nationwide Insurance

641 A.2d 1154, 537 Pa. 129, 1994 Pa. LEXIS 152
CourtSupreme Court of Pennsylvania
DecidedMay 16, 1994
Docket65 E.D. Appeal Docket 1992
StatusPublished
Cited by68 cases

This text of 641 A.2d 1154 (Windrim v. Nationwide Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Windrim v. Nationwide Insurance, 641 A.2d 1154, 537 Pa. 129, 1994 Pa. LEXIS 152 (Pa. 1994).

Opinions

OPINION

NIX, Chief Justice.

Nationwide Insurance Company (“Nationwide”) appeals from the Order of the Superior Court affirming the Order of the Court of Common Pleas compelling uninsured motorist arbitration and invalidating an automobile insurance policy provision which excludes uninsured motorist benefits to a person operating his own uninsured automobile at the time of the accident. We granted allocatur in this case to determine whether public policy precludes the enforcement of such a provision. For the reasons that follow, we reverse and hold [131]*131that the aforementioned provision is a valid and enforceable exclusion under Pennsylvania law.

Appellee, Allen Windrim, was injured as a result of a motor vehicle accident on December 3, 1989. Windrim has alleged, and Nationwide has denied, that the accident was the result of the negligence of an unidentified hit-and-run driver. At the time of the accident, Windrim was the sole owner and operator of his uninsured automobile. Windrim subsequently sought uninsured motorist coverage from Nationwide contending that he was insured pursuant to his mother’s policy with Nationwide because he was a relative residing in his mother’s household. Nationwide denied coverage based upon an exclusionary provision in Windrim’s mother’s policy which provides in pertinent part:

This Uninsured/Underinsured Motorists insurance does not apply as follows:
4. It does not apply to bodily injury suffered while occupying or from being hit by a motor vehicle owned by you or a relative living in your household, but not insured for Uninsured or Underinsured Motorists coverage under this policy.

Record at 13a.

Windrim filed a Motion to Compel Uninsured Motorist Arbitration contending that the foregoing provision was invalid under the Uninsured Motorist Act.1 Nationwide filed an [132]*132answer, new matter, and .a counterclaim requesting that the Court of Common Pleas enter a declaratory judgment against Windrim on the issue of the validity of the provision in question.

The court entered an order granting Windrim’s Motion to Compel Arbitration and denying Nationwide’s counterclaim for declaratory relief. It also declared the exclusionary provision invalid based on Bankes v. State Farm Mut. Auto. Ins. Co., 216 Pa.Super. 162, 264 A.2d 197 (1970). In Bankes, the Superior Court struck down a similar exclusionary provision on the ground that it was repugnant to the Uninsured Motorist Act. The Bankes decision was based on the Superior Court’s examination of the legislative history of the Act which revealed that the legislators expressly rejected an exclusionary provision very similar to the one at issue in that case.

On appeal to the Superior Court, Nationwide argued that the trial court erroneously relied on Bankes because the Motor Vehicle Financial Responsibility Law2 (“MVFRL”) was enacted after the Uninsured Motorist Act and the Bankes decision. Windrim v. Nationwide Mut. Ins. Co., 412 Pa.Super. 155, 158, 602 A.2d 1356, 1357 (1992). Nationwide maintained that the legislative intent behind the MVFRL was to prevent uninsured motorists from using public highways by denying them insurance benefits. Id. According to Nationwide, the enactment of the MVFRL represented a change in legislative intent and policy from that underlying the Uninsured Motorist Act and, therefore, the exclusionary provision in Windrim’s mother’s policy was valid in light of this change. Id. at 158, 602 A.2d at 1357-58.

The Superior Court disagreed with Nationwide’s contentions and found “no change in the legislative intent underlying the Uninsured Motorist Act to that underlying the MVFRL. The legislative intent under both [was] to ensure [that] own[133]*133ers/operators of uninsured vehicles receive uninsured motorist benefits.” Id. at 159-60, 602 A.2d at 1358. The court concluded that its holding in Bankes still controlled and consequently held the exclusionary provision invalid.

Judge Popovich dissented from the majority and indicated that his “review of the MVFRL diselose[d] that it [was] silent on the issue of whether the operator of uninsured vehicle may recover uninsured motorist benefits under a policy applicable to another vehicle owned by the driver or a relative residing with the driver.” Id. at 160, 602 A.2d at 1359 (Popovich, J., dissenting). In addition, Judge Popovich found the reasoning of the Court of Appeals for the Third Circuit to be very persuasive in the factually similar case of Nationwide Mut. Ins. Co. v. Hampton, 935 F.2d 578 (1991). Id., 412 Pa.Super. at 161, 602 A.2d at 1359. In Hampton, the owner/operator of an uninsured motorcycle attempted to recover underinsured benefits from his father’s insurance policy after he was injured in an accident. The insurance policy contained an exclusion identical to the one in the instant case.

The Hampton court conducted an extensive review of the legislative history of the MVFRL as well as prior, relevant decisions in Pennsylvania. In reversing the order allowing the owner/operator to recover benefits under his father’s policy, the court stated “[t]he MVFRL embodies a new policy, expressed in § 1714, of deterring motorists from failing to insure their vehicles by barring recovery of private insurance benefits.” Hampton, 935 F.2d at 587.3

We agree with both Judge Popovich and the Third Circuit that the MVFRL reflects a heightened concern by the General Assembly toward the increasing consumer cost of automobile insurance attributable in part to motorists who ignore the legal requirement that they insure their vehicles. See House [134]*134Journal, Dec. 13, 1983 at 2148. Indeed, the Superior Court has also considered the legislative intent behind the MVFRL:

In passing the [MVFRL], the Legislature was primarily concerned with the rising consumer cost of automobile insurance, created in part by the substantial number of uninsured motorists who contributed nothing to the pool of insurance funds from which claims were paid. The [MVFRL] has the effect of requiring all owners of registered vehicles to share in the burden of insurance before they can obtain the benefits. By denying benefits to a certain class of people—those not insuring their registered vehicles—the [MVFRL] encourages the purchase of insurance by all owners who register vehicles which can be legally operated on the highways.

Allen v. Erie Ins. Co., 369 Pa.Super. 6, 10, 534 A.2d 839, 840-41 (1987) (citations omitted).

Despite the foregoing, the Superior Court’s analysis in the instant case relied almost exclusively on its decision in Henrich v. Harleysville Ins. Co., 403 Pa.Super. 98, 588 A.2d 50 (1991), aff'd, 533 Pa.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Erie Insurance Exch. v. Mione, A., et ux., Aplts.
Supreme Court of Pennsylvania, 2023
Heller v. Pennsylvania League of Cities & Municipalities
32 A.3d 1213 (Supreme Court of Pennsylvania, 2011)
Tannenbaum v. Nationwide Insurance
992 A.2d 859 (Supreme Court of Pennsylvania, 2010)
Generette v. Donegal Mutual Insurance Company
957 A.2d 1180 (Supreme Court of Pennsylvania, 2008)
Swords v. Harleysville Insurance Companies
883 A.2d 562 (Supreme Court of Pennsylvania, 2005)
Holland v. Marcy
883 A.2d 449 (Supreme Court of Pennsylvania, 2005)
Nationwide Mutual Fire Insurance v. Quinn
138 F. App'x 399 (Third Circuit, 2005)
Prudential Property & Casualty Insurance v. Dormer
125 F. App'x 425 (Third Circuit, 2005)
Estate of Demutis v. Erie Insurance Exchange
851 A.2d 172 (Superior Court of Pennsylvania, 2004)
Hoffman v. Troncelliti
839 A.2d 1013 (Supreme Court of Pennsylvania, 2003)
Nationwide Mutl Ins v. Riley
Third Circuit, 2003
Nationwide Mutual Insurance Company v. Pamela Riley
352 F.3d 804 (Third Circuit, 2003)
Estate of DeMutis v. Erie Insurance Exchange
65 Pa. D. & C.4th 198 (Alleghany County Court of Common Pleas, 2003)
State Farm Mutual Automobile Insurance v. Nabit
287 F. Supp. 2d 587 (E.D. Pennsylvania, 2003)
Seiler v. American International Insurance
71 F. App'x 951 (Third Circuit, 2003)
Prudential Property & Casualty Insurance v. Colbert
813 A.2d 747 (Supreme Court of Pennsylvania, 2002)
St. Paul Mercury Insurance v. Perry
227 F. Supp. 2d 430 (E.D. Pennsylvania, 2002)
State Farm Mutual Automobile Insurance v. Coviello
220 F. Supp. 2d 401 (M.D. Pennsylvania, 2002)
Rudloff v. Nationwide Mutual Insurance
806 A.2d 1270 (Superior Court of Pennsylvania, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
641 A.2d 1154, 537 Pa. 129, 1994 Pa. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/windrim-v-nationwide-insurance-pa-1994.