World of Tires, Inc. v. American Insurance

520 A.2d 1388, 360 Pa. Super. 514, 1987 Pa. Super. LEXIS 7126
CourtSupreme Court of Pennsylvania
DecidedFebruary 9, 1987
Docket143
StatusPublished
Cited by10 cases

This text of 520 A.2d 1388 (World of Tires, Inc. v. American 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
World of Tires, Inc. v. American Insurance, 520 A.2d 1388, 360 Pa. Super. 514, 1987 Pa. Super. LEXIS 7126 (Pa. 1987).

Opinions

TAMILIA, Judge:

In October of 1980, appellant/Perma Tread sold the physical assets of its tire copying plant to World of Tires and to secure the transaction, Perma Tread held a note and chattel mortgage on the equipment. Prior to the sale, in June of 1980, Perma Tread had obtained insurance on the plant from appellee/American Insurance Company (hereinafter American) to be effective for three years beginning June 30, 1980. On November 17, 1980, an endorsement was issued to the policy changing the named insured to World of Tires with an effective date of October 16, 1980. A subsequent endorsement issued January 13, 1981 provided for an increase in personal property coverage of $50,000 raising the limits to $250,000 effective December 23, 1980. A further endorsement dated January 23, 1981 listed Perma Tread as an additional insured, effective December 23,1980.

On December 26, 1980, a fire destroyed the plant. A proof-of-loss statement dated April 11, 1981 was submitted by World of Tires and on the Release and Authorization section of this form, Russell Klasen, the secretary/treasurer of Perma Tread, signed on behalf of Perma Tread.

An investigation was conducted by appellee/American and when the parties where unable to reach a settlement, World of Tires filed a writ of summons, against American on December 23, 1981. The writ was reissued in April of 1982 and a complaint filed May 14, 1982. In its answer and new matter filed May 27, 1982, American raised the issue of concealment and fraud, alleging that all of the items claimed by World of Tires to be on the premises and [517]*517destroyed by fire were in fact not present or destroyed in the fire.

On July 7, 1983, appellant/Perma Tread filed a petition along with Russell Klasen and Victor Leap, the principal officers of the corporation, seeking to intervene, in which they claimed Perma Tread to be a named loss mortgagee on the policy of insurance issued by appellee, and seeking recovery of the insurance proceeds. In the petition, they also set forth a term of the union mortgage clause of the policy, to the effect that the policy “shall not be invalidated by any act or neglect of the mortgagor____”

American opposed this petition by way of answer and new matter in which it denied that Perma Tread was a named loss mortgagee and asserted that their status was that of an additional insured and, therefore, the mortgagee clause did not apply. In addition, application of the mortgagee clause was denied on the basis that the clause is applicable to buildings only. Under new matter it was alleged first that the individuals have no standing because they were not named as insureds in the policy and second, the limitation of suits clause barred any action since it was not commenced within one year after inception of the loss.

The court granted the petition to intervene as to Perma Tread and denied the petition of the individuals. In the memorandum accompanying the Order, the court held that the contractual limitation issue was not ripe for determination.

On August 18, 1983, Perma Tread filed a complaint claiming that it was a mortgagee under the contract of insurance and entitled to the proceeds. In its answer and new matter, American denied that Perma Tread was a mortgagee, alleged that no proof of loss was filed by Perma Tread as required by the contract and raised the contractual limitations period as a defense.

Motions and cross-motions for summary judgment were filed and the court, by Order entered June 26, 1984, granted World of Tires’ motion and denied American’s motion on the [518]*518issue of contractual limitations ruling that World of Tires was not barred from the action by the limitation.

American’s motion on the contractual limitation as to Perma Tread was denied without prejudice to American’s right to raise the issue in a motion for nonsuit or directed verdict. At the close of evidence, the court directed a verdict in favor of American and against Perma Tread on the defense of the contractual limitation of action. The claim as between World of Tires and American went to the jury with a verdict returned in favor of American.

Perma Tread has appealed from the directed verdict arguing a variety of reasons why they should be deemed a loss mortgagee and the contractual limitations period not be enforced. They also maintain the court erred in excluding certain exhibits. The status of appellant as mortgagee was never specifically decided by the court. It is apparent however, that it based its ruling on the law as it would apply to one holding such a status. Because we affirm the finding of the lower court and the status attributed to appellant is favorable to its position, which was that of a named loss mortgagee, we find no need to further discuss this question.

Perma Tread, assuming the status of mortgagee, asserts initially that the court erred when it refused to find the contractual limitation period should not apply. It points to the section of the policy, specifically referring to mortgagees, which provides:

Mortgagee interests and obligations. If loss hereunder is made payable, in whole or in part, to a designated mortgagee not named herein as the insured, such interest in this policy may be cancelled by giving to such mortgagee a ten day’s written notice of cancellation.
If the insured fails to render proof of loss such mortgagee, upon notice, shall render proof of loss in the form herein specified within sixty (60) days thereafter and shall be subject to the provisions hereof relating to appraisal and time of payment and of bringing suit.

[519]*519Pennsylvania Standard form fire Insurance Policy, p. 1, lines 68-78.

Appellant maintains that the filing of a fraudulent proof of loss by World of Tires should be considered a failure to render proof of loss and the contract limitation clause should not begin to run until notice is provided. It also argued that the contract limitation should be tolled between the time the insured gives notice of loss and the time the insurer formerly denies coverage.

We do not think a proper application of Pennsylvania law supports appellant’s argument Our courts have consistently held that the standard mortgage clause, at issue in this case, creates a separate, distinct and independent contract of insurance in favor of the mortgagee. Satchell v. Insurance Placement Facility of Pennsylvania, 241 Pa. Super. 287, 361 A.2d 375 (1976); Guarantee Trust and Safe Deposit Co. v. Home Mutual Fire Insurance Co., 180 Pa.Super. 1, 117 A.2d 824 (1955). The limitations clause in the insurance contract has also been deemed equally applicable to both parties. Satchell, supra; Guarantee Trust, supra.

The limitations clause provides;

Suit. No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss.

Policy, p. 2, lines 157-161.

Appellant would have us construe the mortgagee clause as overriding the clear language of the limitation clause.

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World of Tires, Inc. v. American Insurance
520 A.2d 1388 (Supreme Court of Pennsylvania, 1987)

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Bluebook (online)
520 A.2d 1388, 360 Pa. Super. 514, 1987 Pa. Super. LEXIS 7126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/world-of-tires-inc-v-american-insurance-pa-1987.