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NATIONWIDE MUTUAL FIRE INSURANCE COMPANY v. QUINN

United States District Court, E.D. Pennsylvania


April 13, 2004.

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY
v.
MICHAEL P. QUINN, ESQUIRE, as ADMINISTRATOR OF ESTATE OF HOWARD PLOTNICK, DECEASED

The opinion of the court was delivered by: THOMAS O'NEILL, Senior District Judge

MEMORANDUM

Defendant's decedent, Plotnick, was injured in an accident in New Jersey, the other vehicle carrying no liability insurance. At the time of the accident, Plotnick was operating a 1988 Honda Accord owned by him personally and insured under a policy with Allstate Insurance Company. Allstate paid the Plotnick estate $100,000, the policy limits on uninsured motorist benefits.

At the time of the accident, there was in effect a business policy issued by plaintiff Nationwide Mutual Fire Insurance Company to Plotnick t/a Flag Vending Machine Company and Keystone Flag and Decorating Company which covered two Ford Vans but not the Honda Accord. The policy provides uninsured motorist benefits.

  Defendant asserted a claim under the Nationwide policy, which Nationwide denied. Nationwide seeks a judgment that there is no coverage under its policy. Before me now are the parties' cross-motions for summary judgment.

  Nationwide's policy contains a "household exclusion" which provides:

"C. Exclusion
This insurance does not apply to any of the following:
4. `Bodily injury' sustained by:
(a) you while `occupying' . . . any vehicle owned by you that is not a covered `auto' for under-insured motorist coverage under this coverage form."
This provision clearly precludes coverage. Although defendant contends that the household exclusion is void as against public policy, cases not cited by defendant hold that the exclusion is valid. Nationwide Mutual Insurance Co. v. Riley, No. 00-1961, 2003 WL 22966891 (3d Cir. Dec. 18, 2003); State Farm Mutual Automobile Insurance v. v. Harrison, No. 03-3491, 2004 U.S. Dist. LEXIS 2916 (E.D. Pa. Jan. 13, 2004).

  ORDER

  AND NOW, this ___ day of April, 2004:

1. Plaintiff's motion for summary judgment is GRANTED;
2. Defendant's motion for summary judgment is DENIED.
  Judgment is entered in favor of plaintiff Nationwide Mutual Fire Insurance Company and against defendant Michael P. Quinn, Esquire, as Administrator of Estate of Howard Plotnick, deceased.

20040413

© 1992-2004 VersusLaw Inc.



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