Jarrett v. Pennsylvania National Mutual Insurance

OLSZEWSKI, Judge,

concurring and dissenting:

I concur in so much of the majority’s opinion that affirms the portion of the trial court’s order denying the Plaintiffs’ counsel fees. I also concur in that portion of the majority opinion which holds that the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §§ 1701-1798 (amended) *571(hereinafter MVFRL), is a “similar law” requiring a nonresident to maintain vehicular insurance. I cannot join in the reversal of the portion of the trial court’s order awarding Plaintiffs damages against PNI.

The majority holds that Boone v. Stonewall Insurance Co., 382 Pa.Super. 104, 554 A.2d 968 (1989), controls the outcome of this case. I find Boone distinguishable and must dissent.

The policy of insurance in question, while issued under North Carolina law, contained the following clause:

OUT OF STATE COVERAGE
If an auto accident to which this policy applies occurs in any state or province other than the one in which your covered auto is principally garaged, we will interpret your policy for that accident as follows:
If the state or province has: ...
2. A compulsory insurance or similar law requiring a nonresident to maintain insurance whenever the nonresident uses a vehicle in that state or province, your policy will provide at least the required minimum amounts and types of coverage.

(Emphasis in original.)

Although Boone makes no mention of an “All States” endorsement, the majority holds that Boone stands for the proposition that such an endorsement only obligates PNI to provide minimal liability coverage.1 This renders the endorsement meaningless. Even without the endorsement, PNI is required to provide the minimal liability coverage by MVFRL. Boone, supra, 382 Pa.Superior Ct. at 108, 554 A.2d at 970.

*572It is axiomatic that an insurance policy must be construed so as to give effect to all of its provisions. Newman v. Massachusetts Bonding & Insurance Co., 361 Pa. 587, 592-93, 65 A.2d 417, 419 (1949). It is also well established as basic public policy that a policy be construed in favor of coverage. Techalloy Co. v. Reliance Insurance Co., 338 Pa.Super. 1, 5-7, 487 A.2d 820, 823 (1984). I would hold that PNI has, by its North Carolina contract with Jarrett, obligated itself to provide the types of coverage which are mandated by Pennsylvania law for Pennsylvania insurance policies if Jarrett was involved in an accident in Pennsylvania. First-party benefits are such a type of coverage required by MVFRL. 75 Pa.C.S.A. § 1711. I would affirm the trial court decision requiring PNI to do no more than it has undertaken by contract.

I respectfully dissent.

. I note in passing that PNI originally agreed with Plaintiffs that if the MVFRL was a similar law requiring insurance, PNI was liable for the first-party benefits at issue here. PNI based its denial of coverage on its belief that MVFRL was not a similar law as contemplated by the "All States" endorsement. "Both sides agree that first party benefits are payable if the above paragraph 2 is applicable." (Trial court opinion by Judge Lehrer, January 19, 1988, at 2). I find it unnecessary to examine the propriety of PNI’s apparent change of position in midstream as I believe the endorsement at issue (the above referred to paragraph 2) mandates that PNI provide the first party benefits.