Winslow-Quattlebaum v. Maryland Casualty Co.

723 A.2d 681, 1998 Pa. Super. LEXIS 3906
CourtSuperior Court of Pennsylvania
DecidedDecember 14, 1998
StatusPublished
Cited by11 cases

This text of 723 A.2d 681 (Winslow-Quattlebaum v. Maryland Casualty Co.) 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
Winslow-Quattlebaum v. Maryland Casualty Co., 723 A.2d 681, 1998 Pa. Super. LEXIS 3906 (Pa. Ct. App. 1998).

Opinion

HESTER, Judge:

Deborah Winslow-Quattlebaum appeals the March 31, 1998 order granting summary judgment in this action to Maryland Casualty Company (“Maryland”) and Zurich Personal Insurance (“Zurich”), Appellees. We reverse.

The pertinent facts are not in dispute. Appellant instituted this declaratory judgment action on May 1,1997, asking the court to declare her eligible to receive underin-sured motorist benefits under the terms of an automobile insurance policy issued by Zurich, as successor in interest to Maryland. Appellant alleged the following. She purchased motor vehicle liability insurance through the Pennsylvania Assigned Risk Plan on July 25, 1994, and the policy was assigned to Maryland. This policy was in effect when Appellant was injured in an automobile accident that was caused by the negligence of another motorist. That motorist’s liability coverage of $15,000, which Appellant received, was not sufficient to compensate her for her injuries. Appellee had denied coverage on the grounds that Appellant had signed the following underinsured motorist coverage rejection:

PENNSYLVANIA ASSIGNED RISK PLAN [*]
ATTACH TO APPLICATION OR POLICY CHANGE REQUEST FORM
REJECTION OF UNDERINSURED MOTORIST PROTECTION [*]
A. By signing the waiver I am rejecting underinsured motorist coverage under this policy, for myself and all relatives residing in my household. Underin-sured coverage protects me and relatives living in my household for losses and damages suffered if injury is caused by the negligence of a driver who does not have enough insurance to pay for losses and damages. I knowingly and voluntarily reject this coverage.
/§/-
Signature ■ of First Named Insured
Deborah A. Winslow_
Print Name
Policy Number (if known) Date: 7-25-94_
REJECTION OF STACKED UNDERIN-SURED COVERAGE LIMITS [*]
B. By signing this waiver, I am rejecting stacked limits of underinsured motorist coverage under the policy for myself and members of my household under which the limits of coverage available would be the sum of limits for each motor vehicle insured under the policy. Instead the limits of coverage that I am purchasing shall be reduced to the limits stated in the policy. I knowingly and voluntarily reject the stacked limits of coverage. I understand that my premiums will be reduced if I reject this coverage.
(s[_ Signature of First Named Insured
Deborah A. Winslow-Print Name
*683 Policy Number (if known)
Date: 7-25-94 _
[* This provision was highlighted]

Exhibit A to Complaint at 1.

Appellant alleged that she was entitled to underinsured motorist coverage since the rejection of underinsured motorist protection was not on a piece of paper that was separate from her rejection of stacked under-insurance coverage limits. She maintained that this lack of separation rendered her rejection of underinsured benefits coverage void under 75 Pa.C.S.A. § 1731(c.l).

Following a submission of stipulated facts and cross-motions for summary judgment, the trial court ruled in favor of Appellees. This appeal followed.

Initially, we note:

When reviewing the grant of summary judgment, this court will reverse only if there has been an error of law or an abuse of discretion. Where the pleadings, depositions, answers to interrogatories and admissions filed show no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law, summary judgment is appropriate.

Lucas v. Progressive Casualty Insurance Co., 451 Pa.Super. 492, 680 A.2d 873, 874 (Pa.Super.1996) (citations omitted). As the facts are not disputed and a question of law is involved, this ease appropriately was decided by means of summary judgment.

75 Pa.C.S.A. § 1731 reads in relevant part as follows (emphases added):

(b) Uninsured motorist coverage.— Uninsured motorist coverage shall provide protection for persons who suffer injury arising out of the maintenance or use of a motor vehicle and are legally entitled to recover damages therefor from owners or operators of uninsured motor vehicles. The named insured shall be informed that he may reject uninsured motorist coverage by signing the following written rejection form:
REJECTION OF UNINSURED MOTORIST PROTECTION
By signing this waiver I am rejecting uninsured motorist coverage under this policy, for myself and all relatives residing in my household. Uninsured coverage protects me and relatives living in my household for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages. I knowingly and voluntarily reject this coverage.
Signature of First Named Insured
Date
(c) Underinsured motorist coverage.— Underinsured motorist coverage shall provide protection for persons who suffer injury arising out of the maintenance or use of a motor vehicle and are legally entitled to recover damages therefor from owners or operators of underinsured motor vehicles. The named insured shall be informed that he may reject underinsured motorist coverage by signing the following written rejection form:
REJECTION OF UNDERINSURED MOTORIST PROTECTION
By signing this waiver I am rejecting underinsured motorist coverage under this policy, for myself and all relatives residing in my household. Underinsured coverage protects me and relatives living in my household for losses and damages suffered if injury is caused by the negligence of a driver who does not have enough insurance to pay for all losses and damages. I knowingly and voluntarily reject this coverage.
Signature of First Named Insured
Date
(c.l) Form of waiver. — Insurers shall print the rejection forms required by subsections (b) and (c) on separate sheets in prominent type and location. The forms must be signed by the first named insured and dated to be valid. The signatures on the forms may be witnessed by an insurance agent or broker. Any rejection form that does not specifically comply with this section is void. If the insurer fails to produce a valid rejection form, uninsured *684 or underinsured coverage, or both, as the case may be, under that policy shall be equal to the bodily injury liability limits.

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Cite This Page — Counsel Stack

Bluebook (online)
723 A.2d 681, 1998 Pa. Super. LEXIS 3906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winslow-quattlebaum-v-maryland-casualty-co-pasuperct-1998.