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.
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Superior Court - DARLA J. TOTH v. DONEGAL COMPANIES, ALSO KNOWN AS DONEGAL MUTUAL INSURANCE COMPANY, ALSO KNOWN AS DONEGAL MUTUAL, ALSO KNOWN AS DONEG

DARLA J. TOTH v. DONEGAL COMPANIES, ALSO KNOWN AS DONEGAL MUTUAL INSURANCE COMPANY, ALSO KNOWN AS DONEGAL MUTUAL, ALSO KNOWN AS DONEGAL INSURANCE COMPANY, ALSO KNOWN AS DONEGAL MUTUAL INS. CO., ALSO KNOWN AS DONEGAL INSURANCE, ALSO KNOWN AS DONEGAL, A CORPORATION, PARTNERSHIP, PROPRIETORSHIP, ASSOCIATION, OR OTHER ENTITY No. 1744 WDA 2007 2009 PA Super 4 Atlantic: 964 A.2d 413 Filed: 1/14/2009
	Appeal from the Order, August 22, 2007, in the Court of Common Pleas of Westmoreland County Civil Division at No. 145 of 2003
Before: FORD ELLIOTT, P.J., ORIE MELVIN AND SHOGAN, JJ.
Opinion by: FORD ELLIOT, P.J.
Donegal Mutual Insurance Company (“Donegal”) appeals the order of August 22, 2007, granting Darla J. Toth’s (“Toth”) motion for summary judgment. Toth was in a motor vehicle accident and subsequently filed a claim for underinsured motorist (“UIM”) benefits under her policy with Donegal, which denied the claim on the basis that Toth had rejected UIM coverage. The trial court determined that the form rejecting UIM coverage was void because it was not signed by Toth, the first named insured, as required by the MVFRL; rather, the form was signed by Toth’s husband, John D. Toth, in both their names and allegedly with Toth’s permission. After careful review, we reverse.

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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.