NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37"

Transcription

1 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P SANDI AND WILLIAM G. SNYDER, H/W, Appellants IN THE SUPERIOR COURT OF PENNSYLVANIA v. LIBERTY MUTUAL FIRE INSURANCE COMPANY D/B/A/ A/K/A LIBERTY MUTUAL, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND DANIELLE AMOROSO, Appellees No EDA 2012 Appeal from the Order September 12, 2012 In the Court of Common Pleas of Bucks County Civil Division at No.: BEFORE: GANTMAN, J., ALLEN, J., and PLATT, J. * MEMORANDUM BY PLATT, J. FILED JULY 31, 2013 Appellants, Sandi and William G. Snyder, wife and husband, appeal from the order of September 12, 2012, entered in favor of Appellees, Liberty Mutual Fire Insurance Company D/B/A A/K/A Liberty Mutual (Liberty Mutual), State Farm Mutual Automobile Insurance Company (State Farm), and Danielle Amoroso, 1 in this declaratory judgment action. We affirm. The underlying facts and procedural history in this matter are taken from the trial court s January 23, 2013 opinion. * Retired Senior Judge assigned to the Superior Court. 1 Appellee Liberty Mutual has not filed a brief in the instant appeal.

2 [Appellants] were involved in an auto accident with [Appellee] Danielle Amoroso ( Amoroso ) on December 3, On November 20, 2009, the Snyders instituted the underlying tort claim against Amoroso by filing a Writ of Summons. Thereafter, on August 17, 2011, [Appellants] commenced the instant declaratory judgment action to determine the scope of their auto insurance coverage. [Appellants] claim they are entitled to the default full tort coverage because their insurance company failed to send the couple certain forms as required by Pennsylvania law. [Appellants] purchased an auto insurance policy from Prudential Insurance Company ( Prudential ) on January 16, At the time of signing, William Snyder circled the limited tort option on the policy, a valid election of limited tort status which [Appellants] do not now contest. In May 2003, [Appellee] Liberty Mutual Fire Insurance Company ( Liberty Mutual ) purchased all of Prudential s Pennsylvania Auto Insurance business, including [Appellants] policy. [Appellants] claim that a new policy was issued, but have not identified when it was allegedly issued, mailed or signed. Further, [Appellants] have not produced any evidence of the purported new policy. Liberty Mutual denies that a new policy was issued. However, Liberty Mutual agrees that the company did not send the couple a new tort election form, which is normally part of a policy packet, in 2003 or anytime thereafter. The Snyders now argue because Liberty Mutual failed to send them a tort election form pursuant to 75 Pa. C.S in 2003, upon purchase of the Prudential policies, or anytime thereafter, Liberty has triggered the statutory remedy of default full tort status under 75 Pa. C.S. 1705(a)(3). [Appellants] have produced forms showing an insurance contract between the couple and Liberty Mutual, which are dated February Like the original 1996 contract between the Snyder and Prudential, these documents also show that the Snyders have limited tort coverage. [Appellants] offered to pay Liberty Mutual the difference in premium costs between limited tort and full tort coverage if the company would retrospectively reform the policy. [Appellants] only sought to reform the policy from January 27, 2007 through - 2 -

3 January 28, 2007, the policy period in which Sandi Snyder was involved in an accident. Reformation would permit [Appellants] to pursue noneconomic damages from Amoroso, who has admitted liability for the accident in the underlying action. State Farm [which is Amoroso s insurance company] argues in opposition that Liberty Mutual was not obligated to send a tort election form to [Appellants] at any time. State Farm argues that [Appellants] original election of limited tort coverage was valid, and policy reformation is inappropriate. On October 1, 2012, [Appellants] filed a Notice of Appeal to the Pennsylvania Superior Court. On October 2, 2012, this Court ordered [Appellants] to file a Statement of Errors Complained of on Appeal, no later than twenty-one (21) days from the date of this order. On October 22, 2012, Snyders filed a Concise Statement of Errors Complained of on Appeal. (Trial Court Opinion, 1/23/13, at 1-3) (footnotes omitted). On appeal, Appellants raise two issues for our review: Whether the [trial] court erred when it held that under the Motor Vehicle Financial Responsibility Law Appellee Liberty Mutual is the same insurance company Prudential, Appellants previous insurer[?] Whether the [trial] court erred when it held that section 1705 of the Motor Vehicle Financial Responsibility Law does not require that Appellants be deemed to be full tort because of Appellee Liberty Mutual s failure to send a Notice to Named Insured tort election form[?] (Appellants Brief, at 2). While Appellants raise two separate questions, they are in essence, the same: whether the trial court erred in its declaration that Liberty Mutual was not required to send a new tort election form when it acquired Appellants insurance policy. (See Appellants Brief, at 5-7). Therefore, we will treat them together. We note the following standard of review

4 When reviewing the determination of the trial court in a declaratory judgment action, our scope of review is narrow. As declaratory judgment actions follow the practice and procedure of an action in equity, we will review the determination of the court below as we would a decree in equity and set aside the factual conclusions of the trial court only where they are not supported by adequate evidence. However, when reviewing an issue of law in a declaratory judgment action, our scope of review is plenary and our standard of review is de novo. Nationwide Mut. Ins. Co. v. Catalini, 18 A.3d 1206, 1209 (Pa. Super. 2011) (citations omitted). We also note that declaratory judgments are final orders and are thus immediately appealable. See Commerce Bank/Harrisburg, N.A. v. Kessler, 46 A.3d 724, 728 (Pa. Super. 2012), appeal denied, 62 A.3d 380 (Pa. 2013). Here, Appellants argue in both claims that the trial court erred in finding that Liberty Mutual is the same insurance company as Appellants prior insurer, Prudential, and was therefore not required to send them a new tort election form. (Appellants Brief, at 7-11). We disagree. Pennsylvania s Motor Vehicle Financial Responsibility Law (MVFRL) imposes certain requirements on insurance companies with respect to tort status notifications. Section 1705 provides in relevant part: Each insurer, not less than 45 days prior to the first renewal of a private passenger motor vehicle liability insurance policy on and after July 1, 1990, shall notify in writing each named insured of the availability of two alternatives of full tort insurance and limited tort insurance.... * * * Each insurer, prior to the first issuance of a private passenger motor vehicle liability insurance policy on and after July 1, 1990, - 4 -

5 shall provide each applicant with the notice required by paragraph (1). A policy may not be issued until the applicant has been provided an opportunity to elect a tort option. 75 Pa.C.S.A. 1705(a)(1) and (4) (emphases added). Another section of the MVFRL requires an insurance company to send information annually about the differences between full tort and limited tort options:... [A]n insurer must, at the time of application for original coverage for private passenger motor vehicle insurance and every renewal thereafter, provide to an insured the following notice of the availability of two alternatives of full tort insurance and limited tort insurance Pa.C.S.A (b) (emphases added). Once an individual selects a particular type of tort insurance, it remains in effect until and unless the insured chooses to change it: The tort option elected by a named insured shall apply to all private passenger motor vehicle policies of the named insured issued by the same insurer and shall continue in force as to all subsequent renewal policies, replacement policies and any other private passenger motor vehicle policies under which the individual is a named insured until the insurer, or its authorized representative, receives a properly executed form electing the other tort option. 75 Pa.C.S.A. 1705(b)(1) (emphasis added). Here, Appellants do not dispute that they elected limited coverage at the inception of their auto policy with Prudential. (See Action for Declaratory Judgment, 8/17/11, at unnumbered page 2 10). However, they claim that, when Liberty Mutual acquired their policy from Prudential in 2003, it was a new insurance company within the meaning of the MVFRL and therefore, Liberty Mutual was required to send them a new tort election - 5 -

6 form. (See Appellant s Brief, at 7-11). The trial court disagreed and found that the Liberty Mutual Policy was a replacement or renewal policy, and therefore the MVFRL did not require the issuance of a new tort election form. (See Trial Ct. Op., 1/23/13, at 8). We agree. Initially we note, as did the trial court (see id. at 8-9), that the only differences pointed to by Appellants between the two policies were the name of the company and the policy number. (See Appellant s Brief, at 7-11). Appellants do not contend that that Liberty Mutual required them to apply for new insurance coverage when it acquired their policy. (See id.). Appellants also do not contest that their motor vehicle insurance coverage continued, without interruption, from the date they purchased it through the time of the accident. (See id.). In Breuninger v. Pennland Ins. Co., 675 A.2d 353 (Pa. Super. 1996), this Court held that the transfer of a motor vehicle insurance policy from one company to another does not constitute a new policy. See id. at In Breuninger, the appellant sought to determine the amount of her uninsured/underinsured motorist coverage (UM/UIM), a provision of the MVFRL that is similar to the tort election; while 75 Pa.C.S.A requires a notice to be sent regarding UM/UIM coverage, the statute does not mandate an election form. See 75 Pa.C.S.A The appellant purchased motor vehicle insurance from one company and was sent the Section notice; however, her insurance company - 6 -

7 sold her policy to the appellee, which did not send a new Section notice. See id. at 355. The appellant continued to renew her policy under the same terms for the next several years. See id. As in the instant matter, the appellant in Breuninger was involved in an accident and sought greater UM/UIM coverage than she originally selected. See id. Again, like the instant matter, the appellant claimed she was entitled to reform her policy retroactively because the appellee never sent her a new Section notice when it acquired her policy. See id We disagreed, stating: We find that the language of Section 1791 is plain, unambiguous and conveys a clear and definite meaning. Also, we find that the context of the statute does not require a meaning other than the popular, plain and everyday meaning of the words employed. Clearly, as the express language of Section 1791 indicates, the MVFRL requires insurers to provide individuals with notice concerning the availability of UM/UIM coverage only at the time of application for original coverage or at the time of the first renewal after October 1, Here, the statute does not define the meaning of application for original coverage or at the time of the first renewal after October 1, Therefore, we shall construe the language of Section 1791 according to its common, plain and everyday meaning. We note that Black s Law Dictionary defines application in the context of insurance as [t]he preliminary request, declaration, or statement made by a party applying for an insurance policy.... Black s Law Dictionary 90 (5th ed. 1979). The record is clear that the insured never applied for original coverage with [the appellee]. That is, she never made a preliminary request, declaration or statement in regard to the insurance policy at issue after it was transferred to [the appellee]. In fact, it would have been impossible for the insured to have done so because the policy held by [the appellee] was exactly the same policy held by [the original insurer]. It is - 7 -

8 undisputed that the insured s policy remained in effect and unchanged when it was transferred to [the appellee]. In addition, the record is clear that she was provided with notice as to the available UM/UIM coverage prior to her first renewal after October 1, 1984, when the policy at issue was held by [the original insurer. Therefore, we find that based on the express language of Section 1791, the legislature did not intend for another Important Notice to be sent to the insured by [the appellee] in this situation. Accordingly, we reject the insured s argument that [the appellee] was required to provide her with an Important Notice form pursuant to Section See id. at We see no meaningful distinction between Breuninger and the instant matter. 2 Liberty Mutual was not a new insurance company which issued a new policy to Appellants, requiring the issuance of a new tort election form pursuant to Section Thus, the trial court did not err in so holding. Accordingly, for the reasons discussed above, we affirm the decision of the trial court. Order affirmed. Jurisdiction relinquished. 2 We note with disapproval Appellants attempts to distinguish Breuninger by relying on this Court s unpublished memorandum in Hockenberry v. Liberty Mutual Fire Ins. Co., 1292 MDA 2011 (Pa. Super. March 15, 2012) (unpublished memorandum). (See Appellant s Brief, at 7, 11, 12, 13, 14). It is long settled that a party may not cite an unpublished decision except in limited situations such as res judicata or collateral estoppel. See Coleman v. Wyeth Pharmaceutical, Inc. 6 A.3d 502, 522 n.1 (Pa. Super. 2010); see also Superior Court I.O.P (A)

9 Judgment Entered. Prothonotary Date: 7/31/

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 PATRICK GRIFFIN Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. ERIE INSURANCE EXCHANGE Appellee No. 3350 EDA 2014 Appeal from the Judgment

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COLLEEN M. TRIMMER, Individually; COLLEEN M. TRIMMER, Personal Representative of the Estate of MARK P. TRIMMER, Deceased; DARION J. TRIMMER,

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellee No WDA 2012

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellee No WDA 2012 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 KENNETH ASHLEY Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA CINDY ASHLEY AND/OR NATIONWIDE MUTUAL INSURANCE COMPANY v. Appellee No. 1486 WDA

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NANCY T. FARRIS Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA GREGORY S. SENKO v. Appellant No. 1511 EDA 2013 Appeal from the Order May 7, 2013

More information

NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P. 65.37 : : : : : : : : : :

NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P. 65.37 : : : : : : : : : : NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P. 65.37 SOKHAM NUON, SOCHEATA NUON, AND PHOROM ROS, v. Appellants BRISTOL WEST INSURANCE GROUP, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA No. 1867

More information

NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P. 65.37 : : : : : : : : : :

NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P. 65.37 : : : : : : : : : : NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P. 65.37 TANESHA CARTER, v. Appellant PEERLESS INDEMNITY INSURANCE COMPANY, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA No. 684 EDA 2014 Appeal from

More information

2014 PA Super 136. Appellants, Jack C. Catania, Jr. and Deborah Ann Catania, appeal from

2014 PA Super 136. Appellants, Jack C. Catania, Jr. and Deborah Ann Catania, appeal from 2014 PA Super 136 ERIE INSURANCE GROUP, v. JACK C. CATANIA, JR. AND DEBORAH ANN CATANIA, Appellee Appellants IN THE SUPERIOR COURT OF PENNSYLVANIA No. 1057 WDA 2013 Appeal from the Judgment Entered June

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. GARY LEE ROSE, Appellant No. 1335 MDA 2013 Appeal from the PCRA

More information

2010 PA Super 129. Appeal from the Judgment entered May 19, 2009, Court of Common Pleas, Westmorland County, Civil, at No.

2010 PA Super 129. Appeal from the Judgment entered May 19, 2009, Court of Common Pleas, Westmorland County, Civil, at No. 2010 PA Super 129 VICTOR M. SACKETT AND DIANA L. : IN THE SUPERIOR COURT OF SACKETT, : PENNSYLVANIA Appellees : v. : : NATIONWIDE MUTUAL INSURANCE, : COMPANY, : Appellant : No. 943 WDA 2009 Appeal from

More information

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION CIVIL SECTION

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION CIVIL SECTION IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION CIVIL SECTION LOUISE FOSTER Administrator of the : AUGUST TERM 2010 Estate of GEORGE FOSTER : and BARBARA DILL : vs.

More information

Northern Insurance Company of New York v. Resinski

Northern Insurance Company of New York v. Resinski MONTGOMERY COUNTY LAW REPORTER 140-301 2003 MBA 30 Northern Ins. Co. of New York v. Resinski [140 M.C.L.R., Part II Northern Insurance Company of New York v. Resinski APPEAL and ERROR Motion for Summary

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: KENNETH P. REESE JOHN C. TRIMBLE Lewis Wagner, LLP Indianapolis, Indiana ATTORNEY FOR APPELLEES: MICHAEL E. SIMMONS Hume Smith Geddes Green & Simmons, LLP Indianapolis,

More information

In the Missouri Court of Appeals Eastern District

In the Missouri Court of Appeals Eastern District In the Missouri Court of Appeals Eastern District DIVISION TWO FRANCIS GRAHAM, ) No. ED97421 ) Respondent, ) Appeal from the Circuit Court ) of St. Louis County vs. ) ) Honorable Steven H. Goldman STATE

More information

: : : : v. : : HELEN S. ZIATYK, : Appellant : NO. 302 EDA 2001

: : : : v. : : HELEN S. ZIATYK, : Appellant : NO. 302 EDA 2001 2002 PA Super 50 PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. HELEN S. ZIATYK, Appellant NO. 302 EDA 2001 Appeal from the Order entered March 20,

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Safe Auto Insurance Company, : Appellant : : v. : No. 2247 C.D. 2004 : Argued: February 28, 2005 School District of Philadelphia, : Pride Coleman and Helena Coleman

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 ROGER D. SHAFFER AND ANN DOLIVEIRA SHAFFER, HIS WIFE, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellants EBENSBURG POWER CO.; BABCOCK & WILCOX

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE SUPERIOR COURT OF PENNSYLVANIA

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE SUPERIOR COURT OF PENNSYLVANIA NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 K.M.W. IN THE SUPERIOR COURT OF PENNSYLVANIA v. C.S. Appellant No. 85 MDA 2015 Appeal from the Order Entered December 16, 2014 In the Court of

More information

2015 PA Super 84. Appeal from the Order Entered June 23, 2014 In the Court of Common Pleas of Montgomery County Civil Division at No(s): 2013-006320

2015 PA Super 84. Appeal from the Order Entered June 23, 2014 In the Court of Common Pleas of Montgomery County Civil Division at No(s): 2013-006320 2015 PA Super 84 BYOUNG SUK AN, Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. VICTORIA FIRE & CASUALTY CO., D/B/A TITAN AUTO INSURANCE AND MATTHEW GILMORE AND ZAINAB WALKER, Appellees No. 2120 EDA

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. JASON WILLIAM CICHETTI Appellant No. 1465 MDA 2012 Appeal from

More information

2009 WI APP 51 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION

2009 WI APP 51 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION 2009 WI APP 51 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 2008AP1036 Complete Title of Case: JOHN A. MITTNACHT AND THERESA MITTNACHT, PLAINTIFFS-APPELLANTS, V. ST. PAUL FIRE AND CASUALTY

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 15-1100. FRANCIS J. GUGLIELMELLI Appellant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 15-1100. FRANCIS J. GUGLIELMELLI Appellant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 15-1100 FRANCIS J. GUGLIELMELLI Appellant v. NOT PRECEDENTIAL STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY APPEAL FROM THE UNITED STATES DISTRICT

More information

[Cite as Rogers v. Dayton, 118 Ohio St.3d 299, 2008-Ohio-2336.]

[Cite as Rogers v. Dayton, 118 Ohio St.3d 299, 2008-Ohio-2336.] [Cite as Rogers v. Dayton, 118 Ohio St.3d 299, 2008-Ohio-2336.] ROGERS v. CITY OF DAYTON ET AL., APPELLEES; STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., APPELLANT. [Cite as Rogers v. Dayton, 118 Ohio St.3d

More information

[Cite as Finkovich v. State Auto Ins. Cos., 2004-Ohio-1123.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT AND OPINION

[Cite as Finkovich v. State Auto Ins. Cos., 2004-Ohio-1123.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT AND OPINION [Cite as Finkovich v. State Auto Ins. Cos., 2004-Ohio-1123.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 83125 JOYCE L. FINKOVICH, Plaintiff-appellant vs. STATE AUTO INSURANCE COMPANIES,

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 HOWARD A. SCOTT, EXECUTOR OF IN THE SUPERIOR COURT OF THE ESTATE OF ALBERT L. SCOTT, PENNSYLVANIA DECEASED AND LAVERNE SCOTT, IN HER OWN RIGHT,

More information

An appeal from the Circuit Court for Columbia County. Paul S. Bryan, Judge.

An appeal from the Circuit Court for Columbia County. Paul S. Bryan, Judge. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). STATE OF MINNESOTA IN COURT OF APPEALS A07-0446 American Family Mutual Insurance Company,

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 8, 2009; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001800-MR PROGRESSIVE MAX INSURANCE COMPANY APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v.

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, UNPUBLISHED August 20, 2015 Plaintiff/Counter-Defendant- Appellee, v No. 320710 Oakland Circuit Court YVONNE J. HARE,

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION PROGRESSIVE CLASSIC INSURANCE February Term 2005 COMPANY Plaintiff, No. 0507 v. Commerce

More information

No. 99-C-2573 LEE CARRIER AND HIS WIFE MARY BETH CARRIER. Versus RELIANCE INSURANCE COMPANY

No. 99-C-2573 LEE CARRIER AND HIS WIFE MARY BETH CARRIER. Versus RELIANCE INSURANCE COMPANY Ed. Note: Opinion Rendered April 11, 2000 SUPREME COURT OF LOUISIANA No. 99-C-2573 LEE CARRIER AND HIS WIFE MARY BETH CARRIER Versus RELIANCE INSURANCE COMPANY ON WRIT OF CERTIORARI TO THE COURT OF APPEAL,

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: KIRK A. HORN Mandel Pollack & Horn, P.C. Carmel, Indiana ATTORNEYS FOR APPELLEES: JOHN R. OBENCHAIN BRIAN M. KUBICKI Jones Obenchain, LLP South Bend, Indiana IN

More information

Appeal from the Judgment of Sentence entered March 3, 2000 in the Court of Common Pleas of Chester County, Criminal Division, at No. 4648-99.

Appeal from the Judgment of Sentence entered March 3, 2000 in the Court of Common Pleas of Chester County, Criminal Division, at No. 4648-99. 2001 PA Super 53 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : VINCENT J. DUGAN, : : Appellant : No. 1085 EDA 2000 Appeal from the Judgment of Sentence entered

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE MARK BANASZAK, ) ) No. 536, 2009 Appellant, ) Plaintiff Below, ) Court Below: Superior Court ) of the State of Delaware in v. ) and for New Castle County )

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NANCY A. STUMP, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. GARY C. STUMP, Appellant No. 664 MDA 2015 Appeal from the Order Entered March

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES L. MARTIN, Plaintiff Below- Appellant, v. NATIONAL GENERAL ASSURANCE COMPANY, Defendant Below- Appellee. No. 590, 2013 Court Below Superior Court of

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. ANTHONY DARNELL SMITH, JR., Appellant No. 1314 MDA 2015 Appeal

More information

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. JANENE RUSSO and GARY RUSSO, v. Plaintiffs-Respondents, CHUBB INSURANCE COMPANY

More information

2012 IL App (5th) 100579-U NO. 5-10-0579 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2012 IL App (5th) 100579-U NO. 5-10-0579 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 05/03/12. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2012 IL App (5th) 100579-U NO. 5-10-0579

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 22, 2010; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-000566-MR TOM COX APPELLANT APPEAL FROM LAUREL CIRCUIT COURT v. HONORABLE JOHN KNOX MILLS,

More information

COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION

COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION 2002 WI App 237 Case No.: 02-0261 Complete Title of Case: KENNETH A. FOLKMAN, SR., DEBRA J. FOLKMAN AND KENNETH A. FOLKMAN, JR., Petition for Review filed.

More information

Supreme Court of Missouri en banc

Supreme Court of Missouri en banc Supreme Court of Missouri en banc MARK KARSCIG, Appellant, v. No. SC90080 JENNIFER M. MCCONVILLE, Appellant, and AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent. APPEAL FROM THE CIRCUIT COURT OF PETTIS

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR Filed 8/12/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR PROGRESSIVE CHOICE INSURANCE COMPANY, Plaintiff and Respondent, B242429

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appellant No. 193 MDA 2014

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appellant No. 193 MDA 2014 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA GARY L. GEROW JR. v. Appellant No. 193 MDA 2014 Appeal from the Judgment

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appellee No. 420 EDA 2014

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appellee No. 420 EDA 2014 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 LUQMAN AKBAR Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. SHARON VARGAS Appellee No. 420 EDA 2014 Appeal from the Order Entered December

More information

2013 PA Super 17. Appellant No. 98 MDA 2012

2013 PA Super 17. Appellant No. 98 MDA 2012 2013 PA Super 17 SALLY MCWEENEY, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. ESTATE OF JANET R. STRICKLER, Appellant No. 98 MDA 2012 Appeal from the Order Entered December 16, 2011 In the Court of

More information

Appeal from the Order of June 4, 2007, in the Court of Common Pleas of Dauphin County, Domestic Relations Division at No.

Appeal from the Order of June 4, 2007, in the Court of Common Pleas of Dauphin County, Domestic Relations Division at No. 2008 PA Super 38 LINDA J. FAUST IN THE SUPERIOR COURT OF PENNSYLVANIA v. MICHAEL WALKER, Appellee APPEAL OF DOMESTIC RELATIONS OFFICE OF THE DAUPHIN COUNTY COURT OF COMMON PLEAS No. 1166 MDA 2007 Appeal

More information

NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P. 65.37 RASHA KHEDR SHAWARBY, : : Appellant : : v. : : AMR OMAR SHAWARBY AND THE : ESTATE OF AMR OMAR SHAWARBY, : A/K/A AO SHAWARBY, DECEASED : IN THE

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appeal of: The Buzbee Law Firm No. 3340 EDA 2014

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appeal of: The Buzbee Law Firm No. 3340 EDA 2014 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 OBERMAYER REBMANN MAXWELL & HIPPEL, LLP IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee THIRD PILLAR SYSTEMS, INC. AND THE BUZBEE LAW FIRM v.

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROL DEMIZIO AND ANTHONY : CIVIL ACTION DEMIZIO in their own right and as : ADMINISTRATORS OF THE ESTATE : NO. 05-409 OF MATTHEW

More information

In the Missouri Court of Appeals Eastern District

In the Missouri Court of Appeals Eastern District In the Missouri Court of Appeals Eastern District DIVISION III PATRICK CORRIGAN, and ) No. ED99380 SEAN CORRIGAN, ) ) Appellants, ) Appeal from the Circuit Court ) of St. Louis County vs. ) ) Honorable

More information

FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK John C. Morrison, Jr., Judge. In this appeal, we consider whether an exclusion in an

FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK John C. Morrison, Jr., Judge. In this appeal, we consider whether an exclusion in an PRESENT: All the Justices VIRGINIA FARM BUREAU MUTUAL INSURANCE COMPANY v. Record No. 081900 OPINION BY JUSTICE BARBARA MILANO KEENAN June 4, 2009 VIRGINIA C. WILLIAMS, AN INFANT WHO SUES BY HER FATHER

More information

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS Docket No. 107472. IN THE SUPREME COURT OF THE STATE OF ILLINOIS ZURICH AMERICAN INSURANCE COMPANY, Appellant, v. KEY CARTAGE, INC., et al. Appellees. Opinion filed October 29, 2009. JUSTICE BURKE delivered

More information

[J-119-2012] [MO: Saylor, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT : : : : : : : : : : : : DISSENTING OPINION

[J-119-2012] [MO: Saylor, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT : : : : : : : : : : : : DISSENTING OPINION [J-119-2012] [MO Saylor, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT HERD CHIROPRACTIC CLINIC, P.C., v. Appellee STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant No. 35 MAP 2012 Appeal

More information

ALABAMA COURT OF CIVIL APPEALS

ALABAMA COURT OF CIVIL APPEALS REL: 12/09/2005 STATE FARM v. BROWN Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,

More information

NO. COA11-713 NORTH CAROLINA COURT OF APPEALS. Filed: 6 December 2011. Insurance underinsured motorist coverage selection or rejection default amount

NO. COA11-713 NORTH CAROLINA COURT OF APPEALS. Filed: 6 December 2011. Insurance underinsured motorist coverage selection or rejection default amount NO. COA11-713 NORTH CAROLINA COURT OF APPEALS Filed: 6 December 2011 UNITRIN AUTO AND HOME INSURANCE COMPANY, Plaintiff, v. Cleveland County No. 09 CVS 2238 GREGORY SCOTT RIKARD, Executor of the Estate

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 LUZ RIVERA AND ABRIANNA RIVERA Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. RONALD MANZI Appellee No. 948 EDA 2015 Appeal from the Order

More information

2013 PA Super 29. APPEAL OF: THE PENNSYLVANIA STATE UNIVERSITY No. 1502 EDA 2012

2013 PA Super 29. APPEAL OF: THE PENNSYLVANIA STATE UNIVERSITY No. 1502 EDA 2012 2013 PA Super 29 PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY IN THE SUPERIOR COURT OF PENNSYLVANIA v. THE PENNSYLVANIA STATE UNIVERSITY AND JOHN DOE A APPEAL OF: THE PENNSYLVANIA STATE UNIVERSITY

More information

2015 IL App (1st) 150714-U. No. 1-15-0714 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 150714-U. No. 1-15-0714 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 150714-U SIXTH DIVISION September 30, 2015 No. 1-15-0714 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

American National General Insurance Company, Colorado Certificate of Authority No. 1885,

American National General Insurance Company, Colorado Certificate of Authority No. 1885, COLORADO COURT OF APPEALS Court of Appeals No.: 06CA0381 Colorado Division of Insurance OAC Case No. IN 2004-006 American National General Insurance Company, Colorado Certificate of Authority No. 1885,

More information

IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. CYNTHIA M. FOX : (Civil Appeal from Common Pleas Court) Defendant-Appellee :

IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. CYNTHIA M. FOX : (Civil Appeal from Common Pleas Court) Defendant-Appellee : [Cite as Indiana Ins. Co. v. Fox, 2005-Ohio-1040.] IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO INDIANA INSURANCE COMPANY : Plaintiff-Appellant : C.A. Case No. 20638 v. : T.C. Case No. 04-CV-1752

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

With regard to the coverage issue 1 : With regard to the stacking issue 2 :

With regard to the coverage issue 1 : With regard to the stacking issue 2 : 37 Fla. L. Weekly D1140c Insurance -- Uninsured motorist -- Coverage -- Stacking -- Action against UM insurer by insured policyholder who was injured in single-car accident while riding as passenger in

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. SCOTT USEVICZ, Appellant No. 414 MDA 2015 Appeal from the Judgment

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind. Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appellee No. 987 WDA 2014

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appellee No. 987 WDA 2014 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 TAMI D. PSCOLKA AND AARON M. PSCOLKA, HER HUSBAND, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. KEVIN BOEHME, M.D., Appellee No. 987 WDA

More information

TENTH CIRCUIT PATRICK FISHER DEC 14 2004. Clerk RONALD A. PETERSON, Plaintiff-Counter-Defendant, No. 03-1186 (D.C. No. 01-MK-1626) (D. Colo.

TENTH CIRCUIT PATRICK FISHER DEC 14 2004. Clerk RONALD A. PETERSON, Plaintiff-Counter-Defendant, No. 03-1186 (D.C. No. 01-MK-1626) (D. Colo. F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS DEC 14 2004 TENTH CIRCUIT PATRICK FISHER Clerk RONALD A. PETERSON, Plaintiff-Counter-Defendant, v. HOME INSURANCE COMPANY

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: KIRK A. HORN Mandel Pollack & Horn, P.C. Carmel, Indiana ATTORNEYS FOR APPELLEES: JOHN R. OBENCHAIN BRIAN M. KUBICKI Jones Obenchain, LLP South Bend, Indiana ATTORNEYS

More information

v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O

v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ELOURDE COLIN, Appellant, v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O PROGRESSIVE AMERICAN INSURANCE

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Starwood Airport Realty, : : Appellant : : v. : No. 326 C.D. 2014 : School District of Philadelphia : Argued: December 10, 2014 BEFORE: HONORABLE RENÉE COHN JUBELIRER,

More information

COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION

COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION 2005 WI APP 90 Case No.: 2004AP116 Petition for review filed Complete Title of Case: JOSHUA D. HANSEN, PLAINTIFF, RICHARDSON INDUSTRIES, INC., INVOLUNTARY-PLAINTIFF,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM AND ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM AND ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA STANLEY SMITH, et al. : CIVIL ACTION : v. : : LIBERTY MUTUAL FIRE INS. CO. : NO. 07-0834 L. Felipe Restrepo United States Magistrate

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

Reports or Connecticut Appellate Reports, the

Reports or Connecticut Appellate Reports, the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: NOVEMBER 5, 2010; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-001056-MR WENDY W. BURTON APPELLANT APPEAL FROM HARLAN CIRCUIT COURT v. HONORABLE RUSSELL D.

More information

COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION PLAINTIFFS-APPELLANTS, DEFENDANT-RESPONDENT, DEFENDANT.

COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION PLAINTIFFS-APPELLANTS, DEFENDANT-RESPONDENT, DEFENDANT. 2000 WI App 171 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 99-0776 Complete Title of Case: RONNIE PROPHET AND BADON PROPHET, V. PLAINTIFFS-APPELLANTS, ENTERPRISE RENT-A-CAR COMPANY, INC.,

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS BRONSON HEALTH CARE GROUP, INC, d/b/a BRONSON METHODIST HOSPITAL, a Michigan nonprofit corporation, UNPUBLISHED July 16, 2015 Plaintiff-Appellant, v No. 321908 Kalamazoo

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. THOMAS VIERECK Appellant No. 656 EDA 2015 Appeal from the Judgment

More information

RENDERED: JULY 19, 2002; 10:00 a.m. NOT TO BE PUBLISHED NO. 2001-CA-000345-MR

RENDERED: JULY 19, 2002; 10:00 a.m. NOT TO BE PUBLISHED NO. 2001-CA-000345-MR RENDERED: JULY 19, 2002; 10:00 a.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 2001-CA-000345-MR CECILIA WINEBRENNER; and J. RICHARD HUGHES, Administrator of the Estate of DANIELLE

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE SUPERIOR COURT OF PENNSYLVANIA

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE SUPERIOR COURT OF PENNSYLVANIA NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 W.L.F., Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. C.A.F., Appellee No. 1247 MDA 2012 Appeal from the Order Entered June 5, 2012 In the

More information

In the Missouri Court of Appeals Eastern District DIVISION THREE

In the Missouri Court of Appeals Eastern District DIVISION THREE In the Missouri Court of Appeals Eastern District DIVISION THREE GERALD J. BAMBERGER, et al., ) No. ED92319 ) Appellants, ) ) Appeal from the Circuit Court vs. ) of St. Louis County ) 08SL-CC01435 CHARLES

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS MEEMIC INSURANCE COMPANY, as the subrogee of CATHERINE EPPARD and KEVIN BYRNES, FOR PUBLICATION October 27, 2015 9:10 a.m. Plaintiff-Appellant, v No. 322072 Wexford Circuit

More information

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Trial Court No. CI0200503911. Appellee Decided: November 30, 2007 * * * * *

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Trial Court No. CI0200503911. Appellee Decided: November 30, 2007 * * * * * [Cite as Reserve Assoc. Ltd. v. Selective Ins. Co. of South Carolina, 2007-Ohio-6369.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY Reserve Associates Limited Appellant Court of

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NORMAN McMAHON, v. Appellant INNOVATIVE PAYROLL SERVICES, LLC AND JOHN S. SCHOLTZ, Appellees IN THE SUPERIOR COURT OF PENNSYLVANIA No. 2384 EDA

More information

Federal Judge Howard Troubled By North Carolina Court of Appeals Statutory Construction in Selection/Rejection Disputes

Federal Judge Howard Troubled By North Carolina Court of Appeals Statutory Construction in Selection/Rejection Disputes NEWSLETTER ARTICLE 225 HILLSBOROUGH STREET, SUITE 300 RALEIGH, NORTH CAROLINA 27603 P. O. BOX 27808 RALEIGH, NORTH CAROLINA 27611-7808 TELEPHONE: (919) 828-5100 FAX: (919) 828-2277 227 W. TRADE STREET,

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS HOME-OWNERS INSURANCE COMPANY and AUTO-OWNERS INSURANCE COMPANY, UNPUBLISHED January 26, 2012 Plaintiffs-Appellees, v No. 302571 Kent Circuit Court HOWARD LEIKERT and

More information

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No. 3009. September Term, 2010 ON REMAND. DEBORAH HIOB, et al.

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No. 3009. September Term, 2010 ON REMAND. DEBORAH HIOB, et al. UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 3009 September Term, 2010 ON REMAND DEBORAH HIOB, et al. v. PROGRESSIVE AMERICAN INSURANCE COMPANY, et al. Krauser, C.J., Kehoe, Berger, JJ. Opinion

More information

IN THE COURT OF COMMON PLEAS OF THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY

IN THE COURT OF COMMON PLEAS OF THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY IN THE COURT OF COMMON PLEAS OF THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY ELIZABETH RASKAUSKAS ) Plaintiff, ) ) vs. ) ) C.A. No. CPU6-09-000991 GEICO GENERAL INSURANCE ) COMPANY, PROGRESSIVE ) DIRECT

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. ALEXIS CACERES Appellee No. 1919 MDA 2014 Appeal from the Judgment

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: LINDA Y. HAMMEL Yarling & Robinson Indianapolis, Indiana ATTORNEY FOR APPELLEE: DAVID J. LANGE Stewart & Stewart Carmel, Indiana IN THE COURT OF APPEALS OF INDIANA

More information

CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE

CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE AND WORKERS COMPENSATION Melissa Healy INTRODUCTION In Cundiff v. State Farm Mutual Automobile Insurance Co., the Arizona Supreme Court

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

v. CASE NO.: 2010-CV-15-A Lower Court Case No.: 2008-CC-19076-O

v. CASE NO.: 2010-CV-15-A Lower Court Case No.: 2008-CC-19076-O IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA MAURICIO CHIROPRACTIC WEST, as assignee of Alesha Kirkland, Appellant, v. CASE NO.: 2010-CV-15-A Lower Court Case No.:

More information

NO. COA13-82 NORTH CAROLINA COURT OF APPEALS. Filed: 6 August 2013

NO. COA13-82 NORTH CAROLINA COURT OF APPEALS. Filed: 6 August 2013 NO. COA13-82 NORTH CAROLINA COURT OF APPEALS Filed: 6 August 2013 INTEGON NATIONAL INSURANCE COMPANY, Plaintiff, v. Pitt County No. 11 CVS 2617 ELIZABETH CHRISTINA VILLAFRANCO, RAMSES VARGAS, by and through

More information

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-07-463-CV ROXANNE HUNTER, INDIVIDUALLY AND AS NEXT FRIEND OF H.H., A MINOR STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS A/K/A STATE FARM

More information

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 10/15/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th 140227-U NO. 5-14-0227

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 13-15213 Non-Argument Calendar. D.C. Docket No. 1:12-cv-00238-GRJ.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 13-15213 Non-Argument Calendar. D.C. Docket No. 1:12-cv-00238-GRJ. Case: 13-15213 Date Filed: 06/17/2014 Page: 1 of 10 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 13-15213 Non-Argument Calendar D.C. Docket No. 1:12-cv-00238-GRJ

More information

Indiana Supreme Court

Indiana Supreme Court ATTORNEYS FOR APPELLANTS George M. Plews Sean M. Hirschten Plews Shadley Racher & Braun LLP Indianapolis, Indiana ATTORNEYS FOR AMICUS CURIAE THE INSURANCE INSTITUTE OF INDIANA, INC. John C. Trimble Richard

More information

NO. 49,958-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * * Versus * * * * * *

NO. 49,958-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * * Versus * * * * * * Judgment rendered July 1, 2015. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. NO. 49,958-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * * DANNY

More information