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



Similar documents
ORDER and MEMORANDUM. Motions for Summary Judgment of Providence Washington Insurance Company

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

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

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

Northern Insurance Company of New York v. Resinski

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

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 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Schiller, J. June 4, 2012

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM AND ORDER. JOYNER, J. July, 2000

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

: : Plaintiff. : : v. : : PAWEL WOJDALSKI et al. : : Defendants OPINION. The Cross-Motions for Summary Judgment require this Court to determine

Illinois Official Reports

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

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010

Illinois Official Reports

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA M E M O R A N D U M. EDUARDO C. ROBRENO, J.

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

In the Missouri Court of Appeals Eastern District

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

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION. Plaintiff, Civil Action No. 7:12-CV-148 (HL) ORDER

How To Get A Car Insurance Policy To Pay For A Motorcycle With A Car Accident

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

fv\61(- """')>- 3j<~ 2_0().._

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

Reports or Connecticut Appellate Reports, the

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT. JUDGES: Hon. William B. Hoffman, P.J. Hon. Julie A. Edwards, J. Hon. John F. Boggins, J.

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION : : : : : : : O R D E R

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

2012 IL App (5th) U NO IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

Circuits For Summary Judgment in PA - Case Law

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 SURRICK, J. DECEMBER 31, 2013 MEMORANDUM

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

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

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY

Case 2:07-cv LP Document 16 Filed 02/17/09 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

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

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

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

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. GREEN, S.J. September, 1999

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

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

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

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

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

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

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC SUPERIOR COURT

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

STATE OF MICHIGAN COURT OF APPEALS

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

In the Missouri Court of Appeals Eastern District

IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

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

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

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

Case 2:04-cv SRD-ALC Document 29 Filed 08/22/06 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO:

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

STATE OF MICHIGAN COURT OF APPEALS

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

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

Case 1:13-cv RPM Document 23 Filed 02/18/14 USDC Colorado Page 1 of 9

IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

How To Decide If A Judgment Against A Man Is Valid

IN THE COURT OF COMMON PLEAS LAKE COUNTY, OHIO

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

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

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

IN THE COURT OF APPEALS OF INDIANA

Commonwealth of Kentucky Court of Appeals

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

Case 1:13-cv DPG Document 105 Entered on FLSD Docket 04/30/2015 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Goldberg, J. December 16, 2014 MEMORANDUM OPINION

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

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS

2016 IL App (1st) U. No IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

NOT DESIGNATED FOR PUBLICATION * * * * * * *

STATE OF MICHIGAN COURT OF APPEALS

Compulsory Arbitration

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Court of Appeals No. L Trial Court No.

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

THE FIRST JUDICIAL DISTRICT OF PENNSYLVANIA, PHILADELPHIA COUNTY IN THE COURT OF COMMON PLEAS

Case No CKB HON. CHRISTOPHERP. YATES

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

Employers Mutual Insurance Co. (:MEMIC) and by defendant Yarmouth Lumber Inc.

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

TERRENCE and Marie Domin, Plaintiffs, v. SHELBY INSURANCE COMPANY, a foreign corporation, Defendant.

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):

SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW

ORDER RE: DEFENDANT S MOTION FOR SUMMARY JUDGMENT

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY

Transcription:

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 Program AVIS RENT A CAR SYSTEMS, INC. Control No. 120039 Defendant. O R D E R AND NOW, this 13 TH day of February 2006, upon consideration of the Motion for Summary Judgment of defendant, Avis Rent A Car Systems, Inc. ( Avis ), the response in opposition, all matters of record and in accord with the Opinion being filed contemporaneously with this Order, it is ORDERED that the Motion is GRANTED. Judgment is entered in favor of Avis and against plaintiff, Progressive Classic Insurance Company, as to all Counts of the Complaint. BY THE COURT ALBERT W. SHEPPARD, JR., J.

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 Program AVIS RENT A CAR SYSTEMS, INC. Control No. 120039 Defendant. O P I N I O N Albert W. Sheppard, Jr., J.... February 13, 2006 Currently before the court is the Motion for Summary Judgment of defendant, Avis Rent A Car Systems, Inc. ( Avis ). For the reasons discussed, the Motion is granted. I. Background Progressive Classic Insurance Company ( Progressive ) brought the instant declaratory judgment action against Avis to determine which party is primarily responsible for damages resulting from a motor vehicle accident which took place on or about February 20, 2003 (the Accident ). At the time of the accident, Progressive s insured, Theodore McCarthy ( McCarthy ), was covered by a Progressive automobile policy which provided coverage for bodily injury, property damage, uninsured and underinsured motorists, medical payments, comprehensive and collision damage (the Progressive Policy ). Pl. Exh. 1. At the time of the accident, McCarthy was operating a motor vehicle which he had rented from Avis pursuant to a Rental Agreement. The Rental Agreement provided McCarthy with the option to elect liability coverage for an additional fee, which McCarthy declined. The other individual involved in the

accident made a property damage claim against McCarthy, which was paid by Progressive (the Claim ). 1 Progressive filed the instant action seeking a declaration that Avis is primarily responsible for payment of the Claim. II. Discussion Summary judgment is proper when the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits demonstrate that there exists no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Pa.R.C.P. 1035.2; Horne v. Haladay, 1999 Pa. Super. 64, 728 A.2d 954 (1999). This burden rests with the moving party and the court is required to examine the entire record in a light most favorable to the non-moving party. First Wisconsin Trust Co. v. Strausser, 439 Pa. Super. 192, 198, 653 A.2d 688, 691 (1995). Once the moving party has met its burden, the adverse party may not rest upon the mere allegations or denials of his pleading, but his response must set forth specific facts showing that there is a genuine issue for trial. Pa.R.C.P. 1035.2(2); see also Fennell v. Nationwide Mut. Fire Ins. Co., 412 Pa. Super. 534, 540, 603 A.2d 1064, 1067 (1992). Here, there are no factual issues in dispute, only contract interpretation. Thus, this matter may appropriately be decided by summary judgment. Interpretation of an insurance contract is a matter of law and is the province of the court. See Hutchinson v. Sunbeam Coal Corp., 513 Pa. 192, 519 A.2d 385 (1986); Osial v. Cook, 2002 Pa. Super. 214, 803 A.2d 209, (2002). It is settled that the intent of the parties to a written contract is contained in the writing itself. Tuthill v. Tuthill, 763 A.2d 417, 2000 Pa. Super. 35, 420 (2000). As a threshold inquiry, the court must determine whether the language of the 1 No bodily injury claim has been made as of this date. 2

contract is ambiguous. Hutchison, 513 Pa. at 200-01, 519 A.2d at 390. A contract is ambiguous when the contract language is indefinite and reasonably susceptible to more than one meaning. Commonwealth v. Brozzetti, 684 A.2d 658, 663, 1996 Pa. Commw. LEXIS 444 (1996). Based upon the undisputed facts of record and the clear and unambiguous language of the agreements at issue, this court finds that Progressive, not Avis, is primarily responsible for damages resulting from the Accident. First, the Rental Agreement is not a policy of insurance. Moreover, it is undisputed that when McCarthy rented the vehicle from Avis, he declined all of the insurance options available under that agreement. At the time of the accident, McCarthy was covered by a policy of insurance with Progressive that clearly provided coverage for the Claim. The Policy, by its terms, covered property damage for which an insured person becomes legally responsible because of an accident arising out of the use of a temporary substitute vehicle. Def. Exh. B. at 5-6. Because the Progressive Policy provided primary insurance coverage to McCarthy for the Claim, Avis is under no obligation to provide coverage to McCarthy under the Rental Agreement (or the Motor Vehicle Responsibility Law, for that matter). 2 Accordingly, Avis is entitled to summary judgment. 2 The court finds Progressive s reliance on 18 of the Rental Agreement to be misplaced. This section provides ANYONE DRIVING THE CAR AS PERMITTED BY THIS AGREEMENT WILL BE PROTECTED AGAINST LIABILITY FOR CAUSING BODILY INJURY OR DEATH TO OTHERS OR DAMAGING THE PROPERTY OF SOMEONE OTHER THAN THE DRIVER AND/OR THE RENTER UP TO THE MINIMUM FINANCIAL RESPONSIBILITY LIMITS REQUIRED BY APPLICABLE LAW. Def. Exh C. at 18. This provision only provides coverage to Avis customers who fall below the minimum requirements of the MVFRL. Clearly, McCarthy does not fall into this category, as he was insured under the Progressive Policy at the time of the Accident. 3

III. Conclusion For the reasons discussed, judgment is entered in favor of defendant, Avis Rent A Car Systems, Inc. and against plaintiff, Progressive Classic Insurance Company. The court will enter a contemporaneous Order consistent with this Opinion. BY THE COURT ALBERT W. SHEPPARD, JR., J. 4