Alcedo v. State Farm Mut. Auto. Ins. Co.
Alcedo v. State Farm Mut. Auto. Ins. Co.
Opinion of the Court
This declaratory judgment action presents the question whether an automobile insurer must obtain a new writing "signing down" uninsured and underinsured motorist (UM/UIM) coverage from bodily injury liability limits under § 1734 of the Motor Vehicle Financial Responsibility Law (MVFRL)
Relying on cases involving waiver of stacking coverage under § 1738, the insureds, Susan and John Alcedo, contend that the addition of vehicles to their policy rendered the sign down executed by Mr. Alcedo at the inception of the policy invalid. They maintain that their insurer, State Farm Mutual Automobile Insurance Company, was required to obtain a new sign down each time a vehicle was added because the additional vehicle increased the amount of UM/UIM coverage otherwise available. Therefore, so they argue, State Farm's inability to produce a sign down executed contemporaneously with or after the addition of the last vehicle to the policy fixes the UM/UIM limits at the same level as the full bodily injury liability limits.
State Farm counters that § 1738 stacking cases are inapplicable to this § 1734 sign down case. It argues that a rejection of UM/UIM coverage under § 1731 survives the addition of vehicles to the policy because § 1791 alone provides the form to notify the insured of available limits and "no other notice or rejection shall be required." It reasons that because a § 1731 total rejection of UM/UIM coverage is subject to greater scrutiny than a § 1734 sign down, the fact that a rejection does *454not require a new written rejection when a vehicle is added to the policy means that a reduction of coverage should be treated the same - a new sign down is not required.
We conclude that State Farm fulfilled its obligations under the MVFRL when it offered the Alcedos UM/UIM coverage up to the amount of the bodily injury liability limits and confirmed in writing Mr. Alcedo's decision to reduce that coverage. The cases cited by the Alcedos dealing with waiver of stacking under § 1738 are inapplicable. The sign down executed by Mr. Alcedo remained valid after he added vehicles to the policy.
Stipulated Facts
On August 29, 2005, State Farm issued Mr. Alcedo an automobile insurance policy covering a 2005 Nissan Pathfinder and a 1999 Nissan Maxima.
On April 3 and August 25, 2014, Mr. Alcedo added a 1996 Buick Roadmaster and a 2011 Honda Accord, respectively, to the policy.
On September 29, 2017, Mrs. Alcedo was injured in a covered automobile accident.
Standard of Review
In deciding a motion for judgment on the pleadings made pursuant to Rule 12(c), we consider the facts alleged in the pleadings and documents attached as exhibits or incorporated by reference in the pleadings. SEE FED. R. CIV. P. 12(c) ; Commercial Money Ctr., Inc. v. Ill. Union Ins. Co. ,
Analysis
An insurer must provide UM/UIM coverage to the limits of the insured's liability limits. However, an insured may decline UM/UIM coverage or opt for UM/UIM limits less than the liability limits. If he declines the coverage, the insured must sign a rejection. If he chooses to reduce the limits, he must sign an election, commonly *455known as a "sign down," of UM/UIM limits lower than the liability limits. Thus, in the absence of a rejection or a sign down, the insurer must provide UM/UIM coverage "equal to the bodily injury liability limits." 75 Pa. C.S.A. § 1731(c)(1).
An insurer must offer UM/UIM limits of up to $ 100,000 for an injury to one person and $ 300,000 for injury to two or more persons in a single accident. An insured may elect to purchase lower benefit levels. To comply with its obligation to offer these and other mandated coverage limits, an insurer may use the notice provided in § 1791.
Section 1791 provides an "IMPORTANT NOTICE " advising the insured of available benefits and limits.
Relying on Sackett v. Nationwide Mutual Insurance Co. (Sackett I)
The Pennsylvania Superior Court has rejected similar arguments. In Smith v. Hartford Ins. Co. ,
While the conclusion in Smith was required by the relevant statutory language of Sections 1731 and 1791, the instant matter raises a different question, because Smith did not involve stacking of UM/UIM coverage, or Section 1738 of the MVFRL in any way.
*456The addition of another vehicle to a policy with UIM coverage raises different concerns than those addressed by Sections 1731 and 1791.
These different concerns stem from § 1738's "purchasing" requirement. As we have explained: "In Sackett I , the Pennsylvania Supreme Court held that the addition of a new vehicle to a multi-vehicle policy constituted a purchase of new uninsured and underinsured coverage, requiring the insurer to obtain a new waiver of stacked coverage." Ewart v. State Farm Mut. Auto. Ins. Co. ,
Likewise, a sign down of UM/UIM benefits remains in effect unless the insured affirmatively changes it later. In Nationwide Mutual Insurance Co. v. Merdjanian , Merdjanian purchased a policy with signed down UM/UIM coverage.
The court concluded that Nationwide had fulfilled its obligations under §§ 1731 and 1734 when it obtained a sign down from Merdjanian at the time he purchased the policy.
The court found that the language of § 1731 supported its conclusion "[t]hat changes in the amount of liability coverage do not trigger additional requirements under *457the MVFRL...."
The Third Circuit distinguished the "failure to obtain a valid rejection form" from "the reduction context at issue here." Id. at 83 (emphasis in original). It remarked that the MVFRL "treats complete rejection of UM/UIM coverage far more stringently than reduction by specifying precise language to be included in a rejection form and by the other formalities set forth in section 1731(c.1)." Id. On the other hand, § 1734 "requir[es] only a 'request in writing.' " Id. (quoting 75 Pa. C.S.A. § 1734 ). The court found this difference consistent with the MVFRL's underlying policy of "protect[ing] consumers from unknowingly waiving their UM and UIM coverage." Id. (citing Lewis v. Erie Ins. Exch. ,
The Pennsylvania Legislature, clearly more concerned about the unknowing waiver of all UM/UIM coverage than a consumer's choice to purchase only a reduced amount of such coverage, logically chose to impose the severe penalty contained in section 1731(c.1) -i.e., increasing UM/UIM coverage to the liability limits, only in the case of rejection.
Here, like the insured in Merdjanian , Mr. Alcedo signed down UM/UIM limits at the inception of the policy.
Mr. Alcedo signed a § 1791 "IMPORTANT NOTICE" advising him of the minimum coverage that must be made available *458to him.
The § 1738 stacking waiver cases relied upon by the Alcedos are inapplicable. These cases turn on whether the addition of the vehicle to the policy constituted a "purchase" of UM/UIM coverage. Sackett ,
Because Mr. Alcedo executed a § 1734 sign down at the inception of the policy and did not affirmatively request a change in the limits, the Alcedos' UM/UIM coverage is limited to $ 25,000 per person and $ 50,000 per accident, stacked. Therefore, we shall grant State Farm judgment on the pleadings.
75 Pa. C.S.A. §§ 1701 -1799.7.
Stip. of Undisputed Facts at ¶¶ 1-2, Ex. A Bates No. 000001, ECF No. 12.
Id. at ¶¶ 3-4, Ex. A Bates No. 000001, 000004.
Id. at ¶ 6, Ex. A Bates No. 000005.
Id. at ¶¶ 7-8, Ex. A Bates No. 000036-000041, 000045-000049.
Id. at ¶ 9, Ex. A Bates No. 000053-000060.
Id. at ¶ 10, Ex. A Bates No. 000100-000105.
Id. at ¶ 12; see also Def.'s Mot. for J. on the Pleadings at ¶ 11; Pl.'s Opp'n to Def.'s Mot. for J. on the Pleadings at ¶ 3.
Sackett I was the first in a line of three cases in the Pennsylvania appellate courts that considered the effect of the addition of a vehicle to a policy on a preexisting stacking waiver. See also Sackett v. Nationwide Mut. Ins. Co. ,
When multiple vehicles are insured, the UM/UIM limit applies separately to each vehicle.
Pl. Mem. in Supp. of Opp'n to Def.'s Mot. for J. on the Pleadings at 9, ECF No. 16.
Id. at 10.
Id. at 10-11.
Id. at 13, 15.
Stip. of Undisputed Facts at ¶ 4, Ex. A Bates No. 000004.
Id. at ¶ 7, Ex. A Bates No. 000036-000041. It is not clear if stacking was available in Merdjanian . Merdjanian sought the bodily injury liability limit stacked for the three vehicles on the policy, and the court explained that " '[s]tacking' coverage allows an insured to combine the limits of per-vehicle coverage for all the vehicles on the policy to pay the loss from a single occurrence."
Stip. of Undisputed Facts at ¶ 4, Ex. A Bates No. 000004.
Id. at ¶ 6, Ex. A Bates No. 000005.
Def.'s Mot. for J. on the Pleadings at ¶ 3; Pl.'s Mot. for J. on the Pleadings at ¶ 12, ECF No. 14.
Reference
- Full Case Name
- Susan ALCEDO and John Alcedo v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
- Cited By
- 5 cases
- Status
- Published