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Bish v. American Collectors Insurance, Inc.

United States District Court, W.D. Pennsylvania, Pittsburgh.

March 13, 2017

JOHN BISH AND NANCY BISH; Plaintiffs,
v.
AMERICAN COLLECTORS INSURANCE, INC., AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, AND; AND IRONSHORE INSURANCE SERVICES LLC, Defendants,

          MEMORANDUM OPINION [1]

          CYNTHIA REED EDDY, United States Magistrate Judge.

         I. INTRODUCTION

         For the 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.

         II. BACKGROUND

         Plaintiffs 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, 000.[2] 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.

         On 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.

         The ABI policy states that “your covered auto” means:

1. Any motor vehicle shown in the Declarations, provided it is:
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].[3] 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 ...

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