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American National Property & Casualty Co. v. Terwillinger

February 7, 2007


The opinion of the court was delivered by: Ambrose, Chief District Judge.


An insurance carrier and insured have filed Cross-motions for Summary Judgment on the issue of whether the insured is entitled to underinsured motorist coverage for an accident sustained when his motorcycle skidded on road debris that he contends was either deposited by, or kicked up by, another vehicle. I find that the clear and unambiguous language of the policy requires the denial of coverage. His injuries were caused by road debris and did not result from the ownership, maintenance or use of a vehicle.


On August 16, 2004, Tim Terwillinger ("Terwillinger") was operating a motorcycle when the motorcycle skidded on some loose gravel. Terwillinger crashed and sustained severe injuries. His was the only motor vehicle involved in the accident. At the time, his motorcycle was covered by Policy No. 37-A-Y71-991 issued by American National Property & Casualty ("ANPAC"). Terwillinger demanded underinsured motorist coverage ("UIM") on the policy. ANPAC initiated this action for declaratory judgment regarding the availability of UIM.

Both parties have filed Cross-Motions for Summary Judgment. See Docket Nos. 13 and 16. ANPAC argues that Terwillinger's injuries were caused by road debris. In support of this assertion, ANPAC directs this Court's attention to Terwillinger's suit against Penn DOT in the Court of Common Pleas of Beaver County, Pennsylvania at No, 11371-2005, in which he states that the accident was caused by Penn Dot's negligence with respect to the repair of the road. See Docket No. 15-1.*fn1 Terwillinger counters that even if road debris played a role in the accident, that road debris was deposited by a Penn Dot vehicle or was kicked up by an unidentified vehicle and therefore his accident was caused by a vehicle.

For the reasons set forth below, I find that Terwillinger is not entitled to recover UIM benefits.

Standard of Review

Summary judgment may only be granted if the pleadings, depositions, answers to interrogatories and admissions on file, together with any affidavits, show that there is no genuine issue as to any material facts and that the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). A fact is material when it might affect the outcome of the suit under the governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). Rule 56 mandates the entry of judgment, after adequate time for discovery and upon motion, against the party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986).

In considering a motion for summary judgment, the Court must examine the facts in the light most favorable to the party opposing the motion. International Raw Materials, Ltd. v. Stauffer Chemical Co., 898 F.2d 946, 949 (3d Cir. 1990). The burden is on the moving party to demonstrate that the evidence is such that a reasonable jury could not return a verdict for the nonmoving party. Anderson, 477 U.S. at 248. Where the non-moving party will bear the burden of proof at trial, the party moving for summary judgment may meet its burden by showing that the evidentiary materials of record, if reduced to admissible evidence, would be insufficient to carry the non-movant's burden of proof at trial. Celotex, 477 U.S. at 322. Once the moving party satisfies its burden, the burden shifts to the non-moving party, who must go beyond its pleadings, and designate specific facts by the use of affidavits, depositions, admissions, or answers to interrogatories showing that there is a genuine issue for trial. Id. at 324.


"The basic principles of law governing insurance policy interpretation are well-settled in Pennsylvania." Regents of the Mercersburg College v. Republic Franklin Insurance Co., 458 F.3d 159, 171 (3d Cir. 2006), citing, E. Associated Coal Corp. v. Aetna Cas. & Surety Co., 632 F.2d 1068, 1075 (3d Cir. 1980). "The goal of interpreting an insurance policy, like the goal of interpreting any other contract, is to determine the intent of the parties. It begins where it must - the language of the policy." Mercersburg College, 458 F.3d at 172, citing, Madison Constr. Co. v. Harleysville Mut. Ins. Co., 557 Pa. 595, 735 A.2d 100, 106 (1999). "Where a provision of a policy is ambiguous, the policy provision is to be construed in favor of the insured and against the insurer, the drafter of the agreement. Where, however, the language of the contract is clear and unambiguous, a court is required to give effect to that language." Mercersburg College, 458 F.3d at 172, quoting, Gene & Harvey Builders v. Pa. Mfrs. Ass'n., 512 Pa. 420, 517 A.2d 910, 913 (1986).

With these principles in mind, I turn to the policy language at issue. The ANPAC policy provides the following with respect to UIM coverage:

We will pay damages for bodily injury which an insured person is legally entitled to recover from the owner or operator of an underinsured motor vehicle. The bodily injury must be caused by the accident and result from the ownership, maintenance, or use of the vehicle.

See Docket No. 15-2, p. 7. ANPAC urges that the policy language contemplates that the bodily injury arise due to involvement with another vehicle, not because of road debris. According to ANPAC, Terwillinger's injuries stem from road debris which remained on the road or had come loose from the road following Penn DOT's spray patching hours earlier. As such, ANPAC ...

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