Quinney v. American Modern Home Ins. Co.

Decision on motion to dismiss

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This case involved 2 questions of the proper interpretation of an antique auto insurance policy. The Court agreed with my client's position, both on coverage and amount of coverage.

Earlier, a state appeals court had held that there was no UIM coverage under such a policy when the insured was not occupying it. I distinguished that case and argued that this policy did not allow for such an interpretation.

Also, applying section 1733 of the MVFRL, the Court held that the amount of coverage was not to be offset by the existence of any other policy.

The procedural history in this case was pretty interesting. I filed a declaratory judgment action on the 2 issues of coverage and amount of coverage. The insurance company's lawyer not only denied the allegations, he also filed a detailed counter-claim, seeking opposite declarations on the same two issues. Instead of proceeding with discovery, I filed a motion to dismiss the counterclaims for failure to state causes of action upon which relief may be granted. This motion promptly brought the issues to the Court.

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Reference Info:Decision | Federal, 3rd Circuit, Pennsylvania | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Stephen Seach, The Seach Law Offices | Attorney Advertising

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