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Estate of Sippey v. Metropolitan Group Property And Casualty Insurance Co.

United States District Court, W.D. Pennsylvania

December 1, 2017

ESTATE OF DAVID SIPPEY, et al., Plaintiffs,
v.
METROPOLITAN GROUP PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant.

          MEMORANDUM AND ORDER

          CATHY BISSOON UNITED STATES DISTRICT JUDGE

         I. MEMORANDUM

         Pending before the Court is a Motion to Dismiss filed by Defendant Metropolitan Group Property and Casualty Insurance Company (“Metropolitan” or “Defendant”) (Doc. 12), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, Defendant's Motion will be GRANTED IN PART AND DENIED IN PART.

         A. BACKGROUND[1]

         Plaintiffs' claims arise out of a tragic automobile accident wherein David Sippey, husband of Plaintiff Kellie Sippey and father of their minor children, was struck by an automobile on July 17, 2015, in South Carolina when he attempted to retrieve a luggage carrier that had become detached from the roof of his vehicle. Doc. 11 ¶¶ 11-13, and 15. Prior to exiting the vehicle and entering South Carolina Highway 20, David Sippey had been operating a 2010 Dodge Grand Caravan insured by Metropolitan under Policy No. 7034392340 issued to John J. McCluskey and Marilyn J. McCluskey. Id. ¶¶ 3, 10. John J. McCluskey and Marilyn J. McCluskey are Kellie Sippey's parents. Id. ¶ 3.

         The subject Metropolitan Policy is attached to Plaintiffs' Amended Complaint. See Doc. 11-1. It shows that the Dodge Grand Caravan was listed on the Policy that was in effect at the time of the accident. Although not a named insured under the subject Policy, Kellie A. Sippey is listed as a “household driver.” Doc. 11 ¶ 3. The Policy also states that Kellie A. Sippey is “married.” Id. ¶ 6.

         The relevant Policy language states:

PENNSYLVANIA
UNDERINSURED MOTORISTS COVERAGE
ENDORSEMENT

         The following is added:

UNDERINSURED MOTORISTS COVERAGE
ADDITIONAL DEFINITIONS FOR THIS COVERAGE

         A. The following GENERAL DEFINITIONS are changed for ...


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