Superior Court 9/22/08 - RICHARD BETZ AND DONNA BETZ v. ERIE INSURANCE EXCHANGE

RICHARD BETZ AND DONNA BETZ v. ERIE INSURANCE EXCHANGE
No. 3067 EDA 2007 2008 PA Super 221 Atlantic: n/a Filed: 9/22/2008
Appeal from the Judgment Entered January 3, 2008 In the Court of Common Pleas of Philadelphia County Civil Division at No.: No. 1247 September Term, 2005
Before: STEVENS, MUSMANNO and BENDER, JJ.
Opinion by: BENDER, J.
Erie Insurance Exchange appeals the judgment in favor of Richard Betz and Donna Betz (the Betzes), which awarded damages on the Betzes’ claims for insurance coverage under a “Sinkhole Collapse” endorsement to the Betzes’ homeowners’ insurance policy. Initially, Erie raises multiple claims of error in support of an award of a new trial. These claims include, inter alia, error in finding the Sinkhole Collapse endorsement legally ambiguous, apportioning the burden of proof to demonstrate coverage under the policy, admitting certain testimony of the Betzes’ expert while restricting other testimony by Erie’s expert, instructing the jury concerning exclusions under Erie’s policy of insurance, and refusing special interrogatories to the jury. In addition, Erie asserts that the trial court should properly have entered judgment notwithstanding the verdict, and the court abused its discretion in denying Erie’s motion for remittitur. Upon review, we find Erie’s claims without merit. According, we affirm the judgment of the trial court.

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