Friday, March 5, 2010

SAFE AUTO INSURANCE COMPANY v. MELODY BERLIN AND MCKEAN HOSE COMPANY

SAFE AUTO INSURANCE COMPANY v. MELODY BERLIN AND MCKEAN HOSE COMPANY
No. 337 and 417 WDA 2009 2010 PA Super 31 Atlantic: n/a Filed: 3/5/2010

Appeal from the Order Entered December 5, 2008
In the Court of Common Pleas of Erie County
Civil Division at No. 2008-10588
Before: BENDER, SHOGAN and FITZGERALD, JJ.
Opinion by: BENDER, J.
Melody Berlin and McKean Hose Company (collectively, the Appellants) appeal the trial court’s entry of a declaratory judgment in favor of Safe Auto Insurance Company (Safe Auto) determining that Safe Auto has no obligation to reimburse the McKean Hose Company for the cost of an emergency rescue it conducted on Berlin’s behalf. The Appellants contend that the language of Safe Auto’s policy is ambiguous and that when interpreted in favor of the insured, the policy mandates the extension of Berlin’s coverage to the expenses the Hose Company incurred. Upon review of the policy’s language, we find no merit in the Appellants’ claims. Accordingly, we affirm the trial court’s entry of declaratory judgment.
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