Superior court 1/4/2008 - NATIONWIDE MUTUAL INSURANCE COMPANY v. ANTHONY YUNGWIRTH

NATIONWIDE MUTUAL INSURANCE COMPANY v. ANTHONY YUNGWIRTH
No. 1260 WDA 2006 2008 PA Super 10 Atlantic: n/a Filed: 1/4/2008
Appeal from the Judgment Entered June 27, 2006in the Court of Common Pleas of Allegheny CountyCivil, No. GD 05-30457
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, LALLY-GREEN, TODD, BOWES, GANTMAN, MCCAFFERY, DANIELS, JJ:
Opinion by: MUSMANNO, J.
Nationwide Mutual Insurance Company (“Nationwide”) appeals from the declaratory judgment entered in favor of Anthony Yungwirth (“Yungwirth”). The trial court concluded that the exclusion contained within the Nationwide policies issued to Yungwirth and his father impermissibly narrowed the uninsured motorist (“UM”) coverage provided by the Motor Vehicle Financial Responsibility Law (“MVFRL”). , On appeal, this Court is presented with an issue that involves the interplay between the MVFRL and the Snowmobile All-Terrain Vehicle Law (“SATVL”). Upon review, we conclude that the exclusion contained in the Nationwide policies at issue does not impermissibly narrow the UM coverage as required by the MVFRL. Accordingly, we reverse.