LAMONT DIXON v. GEICO

LAMONT DIXON v. GEICO No. 3127 EDA 2009 2010 PA Super 133 Atlantic: n/a Filed: 7/29/2010
	Appeal from the Order September 28, 2009 In the Court of Common Pleas of Philadelphia County Civil No. December Term 2008, No. 003529
Before: BENDER, OTT and KELLY, JJ.
Opinion by: KELLY, J.
Concurring Opinion by: OTT, J.
Appellant, Lamont Dixon, appeals from the order granting summary judgment in favor of Appellee, GEICO, on his claim for underinsured motorist (UIM) benefits. The trial court concluded that the facts were not in dispute, and the issue of coverage could be decided as a matter of law. We vacate and remand.

-----------------------------------------------------Want 50 state & federal case law? - click here

RICHARD & DEBRA D’ADAMO v. ERIE INSURANCE EXCHANGE

RICHARD & DEBRA D’ADAMO v. ERIE INSURANCE EXCHANGEDONALD HOLOCHER AND LISA HOLOCHER, HIS WIFE v. ERIE INSURANCE EXCHANGE
No. 479 and 480 MDA 2008 2010 PA Super 77 Atlantic: n/a Filed: 4/30/2010

Appeal from the Judgment entered November 12, 2008
In the Court of Common Pleas of Lackawanna County
Civil, Nos. 2257-2006 and 2258-2006

Before: LALLY-GREEN, GANTMAN, AND ALLEN, JJ.
Opinion by: GANTMAN, J.

Appellants, Richard and Debra D’Adamo and Donald and Lisa Holocher, appeal from the judgments entered in the Lackawanna County Court of Common Pleas on Appellants’ statutory arbitration awards. Appellants ask us to determine whether the arbitrators properly gave Appellee, Erie Insurance Exchange (“Erie”), a credit of $750,000.00 on each award to account for Appellants’ recoveries from the tortfeasor’s liability insurance policies. We hold Erie was entitled to a credit of $750,000.00 on each arbitration award, consistent with Appellants’ recoveries from the tortfeasor’s liability insurance policies; and the court properly refused to vacate/modify the arbitration awards to disallow the credits. Accordingly, we affirm the judgments entered on the arbitration awards.
-----------------------------------------------------Want 50 state & federal case law? - click here

ERIE INSURANCE EXCHANGE v. DONNA M. LARRIMORE and CHARLES LARRIMORE

ERIE INSURANCE EXCHANGE v. DONNA M. LARRIMORE and CHARLES LARRIMORE No. 536 EDA009 2009 PA Super 236 Atlantic: n/a Filed: 12/8/2009
	Appeal from the Order Entered January 13, 2009 In the Court of Common Pleas of Carbon County Civil at No(s): 07-1991
Before: FORD ELLIOTT, P.J., PANELLA, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
In this declaratory judgment action involving a coverage question under the Motor Vehicle Financial Responsibility Law (“MVFRL”), 75 Pa.C.S.A. §§ 1701 et seq., Erie Insurance Exchange (“Erie”) appeals from the Order granting summary judgment in favor of Donna and Charles Larrimore and against Erie. We affirm.

-----------------------------------------------------
Want 50 state & federal case law? - click here

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.