In re Allstate Insurance
In re Allstate Insurance
Opinion of the Court
Appellant contends, inter alia, that the lower court erred in requiring it to prove by clear and convincing evidence that it was entitled to the return of an impounded vehicle with allegedly falsified identification numbers. We agree and, accordingly, reverse the order of the court below and remand for proceedings consistent with this opinion.
On October 3, 1979, appellant, Allstate Insurance Company filed a petition pursuant to section 7105 of the Motor Vehicle Code
The evidence introduced at the hearing may be summarized as follows. On January 6, 1978, appellant’s insured, Robert S. Dunlap, reported that his 1977 Ford F-150 four-wheel-drive truck, vehicle identification number F14HCZ08211, had been stolen. He then filed a claim with appellant pursuant to his comprehensive insurance coverage. Upon receiving payment for the value of the truck, Dunlap assigned his title to appellant, which subsequently received an Indiana certificate of title for it. On May 14, 1979, the Indiana State Police requested that the Pennsylvania State Police inspect a similar truck, vehicle identification number F15GLY76001, then purportedly in the possession of Peter V. Fabanich, an innocent purchaser. Upon discovering that Fabanich had sold the truck, Trooper James Fedisin obtain
Appellant contends that the lower court erred in requiring it to prove its entitlement to possession of the truck by clear and convincing evidence. We agree. Section 7105 of the Motor Vehicle Code does not specify the evidentiary burden which a petitioner seeking the return of a vehicle with falsified identification numbers must meet, and no Pennsylvania appellate court has decided this issue.
Order reversed and case remanded for proceedings consistent with this opinion.
. Act of June 17, 1976, P.L. 162, No. 81, 75 Pa.C.S.A. § 7105, which provides:
Seizure of vehicles with removed or falsified numbers
(a) Duty of police.—Every police officer having knowledge of a vehicle on which the vehicle identification number has been removed or falsified shall immediately seize and take possession of the vehicle and arrest or file a complaint for the arrest of the suspected owner or custodian. In all actions involving seizure or possession of such vehicles, vehicle identification information shall be transmitted to the Federal or other agencies involved in recovery of stolen vehicles.
(b) Proceedings if owner known.—The court, upon petition of the owner of the person entitled to possession of a seized vehicle, may relinquish custody of the vehicle to the person legally entitled to the vehicle upon presentation of proof that a State replacement vehicle identification number plate has been issued by the depart*331 ment under section 7104 (relating to State replacement vehicle identification number plate). Except as otherwise provided in this section, the court shall retain in custody the seized vehicle pending prosecution of the person arrested. In case the person is found guilty, the vehicle shall remain in the custody of the court until the fine and costs of prosecution are paid, except that if 90 days have elapsed after the verdict has been rendered and the fine and costs have not been paid, the court shall proceed to advertise and sell the vehicle in the manner provided by law for the sale of personal property under execution. The proceeds from the sale shall be used to pay the fine and costs of prosecution and the balance, if any, shall be forwarded to the department to be transmitted to the State Treasurer for deposit in the Motor License Fund.
(c) Proceedings if owner unknown.—If ownership of the vehicle is not established to the satisfaction of the court, the vehicle shall be confiscated by the court and sold immediately, and the proceeds shall be used to pay the costs of proceedings and the balance, if any, shall be forwarded to the department to be transmitted to the State Treasurer for deposit in the Motor License Fund.
. In Pennsylvania State Police v. Bradley, 6 Pa.Cmwlth. 637, 297 A.2d 554 (1972), the Court, applying 75 P.S. § 303 (repealed and superseded by section 7105), vacated an order awarding possession of an automobile having falsified identification numbers. The Court did not, however, decide the issue presented in this appeal, namely the burden of proof required to reclaim a vehicle pursuant to section 7105 of the Motor Vehicle Code.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.