United States District Court, W.D. Pennsylvania, Pittsburgh.
MEMORANDUM OPINION 
CYNTHIA REED EDDY, United States Magistrate Judge.
reasons that follow, defendants American Collectors
Insurance, Inc. (“ACI”) and American Bankers
Insurance Company of Florida's (“ABI”)
(collectively “defendants”) motion to dismiss
plaintiffs' complaint pursuant to Federal Rule of Civil
Procedure 12(b)(6) for failure to state a claim [ECF No. 3]
is granted and plaintiffs' claims against ACI and ABI are
dismissed with prejudice.
John Bish and Nancy Bish, husband and wife, brought the
present action regarding the denial of underinsured motorist
(“UIM”) coverage for an accident sustained by Mr.
Bish. As part of the ABI insurance policy, plaintiffs
purchased UIM coverage in the amount of $300,
On or about December 5, 2013, Mr. Bish was a pedestrian on
the berm of Route 28 in Clarion County, Pennsylvania, when a
motorist negligently caused his vehicle to strike Mr. Bish.
As a result of the collision, Mr. Bish suffered numerous
serious physical injuries including, inter alia, an orbital
fracture, a partially collapsed lung, two cracked ribs, a
fractured left femur, and a fractured fibula and tibia.
March 17, 2015, plaintiffs notified ABI of their intent to
file an underinsured motorist claim related to the December
5, 2013 collision. On April 14, 2015, ABI denied
plaintiffs' claim and notified them that UIM benefits
were not available.
policy states that “your covered auto” means:
1. Any motor vehicle shown in the Declarations, provided it
a. used for exhibitions; club activities; parades; or other
functions of public interest; occasional pleasure drives;
b. not used for general transportation; and
c. driven no more than the mileage tier indicated in the
Declarations during an annual policy term.
ABI Policy [ECF 1-3 at 26]. The Policy Declarations Page
lists one vehicle, a 1975 Volkswagen Beetle. Id. at
16. The UIM policy further provides that:
A. We will pay compensatory damages which an
“insured” is legally entitled to recover from the
owner or operator of an “underinsured motor