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ARTHUR R. STOUT v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY (10/14/83)

filed: October 14, 1983.

ARTHUR R. STOUT, CAROLE STOUT, ARTHUR R. STOUT, HUSBAND OF CAROLE STOUT, GAIL STOUT, A MINOR, BY ARTHUR R. STOUT, HER GUARDIAN, ROBERT STOUT, A MINOR, BY ARTHUR R. STOUT AND CAROLE STOUT, HIS WIFE, PARENTS OF GAIL STOUT AND ROBERT STOUT, APPELLANTS,
v.
UNIVERSAL UNDERWRITERS INSURANCE COMPANY, A STOCK INSURANCE COMPANY



No. 1088 April Term, 1978, Appeal from the Order of the Court of Common Pleas of Westmoreland County, Civil Division, at No. 1871 of 1974

COUNSEL

George A. Conti, Jr., Greensburg, for appellants.

Donald W. Bebenek, Pittsburgh, for appellee.

Price, Brosky and Montemuro, JJ.*fn* Montemuro, J., concurs in the result.

Author: Brosky

[ 320 Pa. Super. Page 242]

The primary issue before us in this appeal is whether certain provisions of the Motor Vehicle Safety Responsibility

[ 320 Pa. Super. Page 243]

    law,*fn1 (hereinafter, financial responsibility law) in effect at the time the instant suit was commenced, applied to all policies of insurance issued in the Commonwealth. We have concluded that the Act governed only those policies submitted to the Secretary of Revenue as proof of financial responsibility and that its provisions are therefore not applicable to this case. For the reasons that follow, we affirm.

Appellants commenced this action to recover damages for injuries they suffered when the automobile in which they were traveling was struck by a vehicle driven by Clyde James Jones. The automobile operated by Mr. Jones was owned by Hamilton Buick & Pontiac, Inc., which company had loaned the car to Mr. Jones while his mother's automobile was being repaired.

In suits against Mr. Jones, appellants recovered judgments totaling $98,132.60, none of which had been paid when the present suit was initiated.*fn2

It is appellants' contention that Universal Underwriters Insurance Company, which had issued a "garage" policy to Hamilton Buick is liable to them under the terms of a rental endorsement to that policy or, in the alternative, under the terms of Pennsylvania's financial responsibility law.

The parties stipulated to the following facts below:

There was no contract between Jones and Hamilton relating to use of the Buick automobile. There was no monetary charge imposed against Jones by Hamilton for use of the Buick automobile. There were no representations to Jones by Hamilton relating to insurance protection.

[In the suits between the Stouts and Jones], Universal Underwriters did not extend coverage ...


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