HomeMy WebLinkAbout94-00248
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MERRITT STANSFIELD, . IN THE COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. . CIVIL ACTION - LAW
.
.
.
ERIE INSURANCE GROUP, . NO. dLJ~ G.;.-.;Y/99t.{-
.
Defendant :
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR, 4th Floor
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
PHONE: (717) 240-6200
MERRITT STANSFIELD, . IN THE COURT OF COMMON PLEAS
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. . CIVIL ACTION - LAW
.
:
ERIE INSURANCE GROUP, . NO.
.
Defendant .
.
COMPLAINT
1. Plaintiff, Merritt Stansfield, is an adult individual
residing at 328 Linton Hill Road, Duncannon, Pennsylvania.
2. Defendant is believed to be a corporation engaged in the
insurance business, which is qualified to do business within the
Commonwealth of Pennsylvania, having a principal office at 4901
Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. On or about January 14, 1992, Plaintiff was the owner of
a certain motor vehicle which was an insured vehicle under a policy
of insurance issued by Defendant, which policy provided, inter
alia, underinsured motorist coverage.
4. On or about January 14, 1992, Plaintiff was involved in
a motor vehicle collision with an underinsured motor vehicle in
Carroll Township, Perry County, Pennsylvania.
5. As a result of the negligence and carelessness of the
underinsured motorist, Plaintiff suffered severe and disabling
injury, including but not limited to cervical disc herniation
requiring two surgeries, and de Quervain's tenosynovitis on the
right wrist.
6. Plaintiff settled his claim for policy limits with
COUNT I
BREACH OF CONTRACT
carrier for the under insured driver with the consent of Defendant
in June of 1992.
7. Plaintiff has presented a claim for under insured motorist
benefits to Defendant and they have outright refused to discuss the
claim.
8. After acknowledging a written request, Defendant has
nevertheless refused to name their arbitrator, and Plaintiff has
therefore also been compelled to petition the Court for Arbitration
of this matter.
9. Plaintiff has complied in all respects with the terms and
conditions of Defendant's insurance policy and with requests for
information made by Defendant.
10. As the insurer of the Plaintiff, Defendant has a
fiduciary, contractual, and statutory duty to recognize Plaintiff's
insurance claims or to provide good fl"'th reasons for the claim's
denial.
11. Defendant has provided no reasonable or legally
articulatable basis for its refusal to discuss or otherwise
negotiate Plaintiff's underinsured motorist claim.
12. Paragraphs one (1) through eleven (11) are incorporated
herein and made part hereof as if stated in full.
13. Plaintiff has satisfied all his obligations under the
policy including, but not limited to, all conditions precedent and
all conditions subsequent.
,
." "",-,~."
14. By failing to acknowledge liability for, pay, and/or
negotiate Plaintiff's underinsured motorist claim, Defendant
breached its express and implied contractual obligations to
Plaintiff under the policy.
WHEREFORE, Plaintiff demands judgment against Defendant for
compensatory and/or consequential damages allowed by law, together
with interest, costs of court, and other such relief as this
Honorable Court deems just and proper.
COUNT IJ:
BAD FAITH
(42 PA C.S.A. ~8371)
15. Paragraphs one (1) through fourteen (14) are incorporated
herein and made part hereof as if stated in full.
16. For the reasons set forth above including, but not
limited to failing to recognize Plaintiff's underinsured motorist
claim, failing to objectively and fairly evaluate Plaintiff's
underinsured motorist claim, refusing to name an arbitrator, and
requiring Plaintiff to petition the court for arbitration,
Defendant has violated 42 Pa, C.S.A. ~ 8371 for which Defendant is
liable for interest on the claim from the date the claim was
submitted at a rate equal to the prime rate, plus three percent,
court costs, attorney's fees, and punitive damages.
WHEREFORE, Plaintiff demands judgment from Defendant for
compensatory, consequential, and punitive damages, plus interest,
costs of court, attorney's fees, and other such relief as this
Honorable Court deems just and proper.
COUNT III
COMMON LAW TORT OF BAD FAITH
17. Paragraphs one (1) through sixteen (16) are incorporated
herein and made part hereof as if stated in full.
18. For the reasons set forth above including, but not
limited to failing to recognize Plaintiff's underinsured motorist
claim, failing to objectively and fairly evaluate Plaintiff's
underinsured motorist claim, refusing to name an arbitrator, and
requiring Plaintiff to petition the court for arbitration,
Defendant has violated the insurance policy's implied covenant of
good faith and fair dealing and has therefore committed the common
law tort of bad faith for which Defendant is liable for additional
economic and other compensatory coverages in excess of those
authorized by 42 Pa, C.S.A. ~8371.
WHEREFORE, Plaintiff demands judgment of Defendant for
compensatory, consequential, and punitive damages plus interest,
costs of court, and other such relief as this Honorable Court deems
just and proper.
COUNT IV
VIOLATION OF THE
UNFAIR TRADE PRACTICES
AND CONSUMER PROTECTION ACT
19. Paragraphs one (1) through eighteen (18) are incorporated
herein and made part hereof as if stated in full.
.
20. For the reasons set forth above including, but not
limited to failing to recognize Plaintiff's underinsured motorist
claim, failing to objectively and fairly evaluate Plaintiff's
underinsured motorist claim, refusing to name an arbitrator, and
requiring Plaintiff to petition the court for arbitration,
Defendant insurer has committed unfair and deceptive business
practices prohibited by the Pennsylvania Unfair Trade Practices and
Consumer Protection Act, 73 Pa, C.S.A. ~~201-1 et sea, for which
Defendant is liable for treble damages, plus attorney fees.
WHEREFORE, Plaintiff demands treble damages plus interest for
costs of court, attorney's fees and other such relief as this
Honorable Court deems just and proper.
Respectfully submitted,
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~~es Ie M. Fields, Esquire
CO OPOULOS, FOSTER & FIELDS
831 Market Street
P.O. Box 222
Lemoyne, PA 17043
(717) 761-2121
Attorney for Plaintiff
t''''....
VERIFICATION
I, Leslie M. Fields, Esquire, being duly sworn (affirmed)
according to law deposes and says that she is the agent of the
Plaintiff, that said Merri tt Stansfield cannot make the
verification to the foregoing because he is outside of the court's
jurisdiction and his verification cannot reasonably be obtained,
and that the facts set forth in the foregoing are true and correct
upon her personal knowledge, information and belief.
.9f;-
e M. Field , Esquire
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SIiEfUFP'S IlE'IURN
CO+1ONWEAL'Ill OF PENNSYLVANIA:
COUNTY OF Cll-lBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 248 Civil Term 1994
Order, Petition to Appoint Arbitrator
For Respondent and a Neutral Arbitrator
and Schedule Arbitration, Notice
and Complaint
Merritt Stansfield
VS
Erie Insurance Group
Donald Harper
, lSK~tii< Deputy Sheriff of
Cunberland County, Pennsylvania, who being duly sworn ac=rding to law, says,
Order, Petition to Appoint Arbitrator for Respondent
that he served the within and a Neutral Arbitrator and Schedule Arbitration,
Notice and Complaint
upon Erie Insurance Group , the defendant, at 11:05 . o'clock
A
.M. EST / ~ on the
25
day of
January
, 19.2.i.at
4901 Louise Drive, Mechanicsburg
, CUmberland County,
Pennsylvania, by handing to
Shelva Sheaffer, Claims Supervisor
Order, Petition to Appo~nt Arb~trator tor Responoent
a true and attested copy of theand a Neutral Arbitrator and Schedule Arbi~ration
Notice and Compla~nt
and at the same time directing her attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
14.00
7.84
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R. Thomas Kline, . Sheriff
2.0U
23.B4 Pd. by Atty.
1-26-94
by ., .~
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/' DePuty,She lff
Sworn and subscribed Lo before rrc
,'\
this ,~141- day of ~'"u"T-
19 '; 'f A.D.
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Prothonotary
MERRITT STANSFIELD,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
v.
: CIVIL ACTION - LAW
:
.
.
ERIE INSURANCE GROUP,
Defendant
NO. 248 CIVIL 1994
PRAECIPE FOR ENTRY OF APPEARANCE
TO: Lawrence E. Welker, Prothonotary:
Please enter our appearance as attorneys for Defendant in
the above action; reserving, however, the right to plead or
otherwise respond to Plaintiff's Complaint.
17108-1166
January 31, 1994
~
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date the
foregoing Praecipe for Entry ot Appearance was served by first
class mail, postage prepaid, upon the following:
Leslie M. FieldS, Esquire
Costopoulos, Foster & Fields
P.O. Box 222
Lemoyne, PA 17043
.
January 31, 1994
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McNEES. WALLACE 11 NUHICK
100 PINE STRCET
P. O. DOX lue
UARRISBURG. PA 17100
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MERRITT STANSFIELD, . IN THE COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
.
v. . CIVIL ACTION - LAW
.
.
.
.
.
ERIE INSURANCE GROUP, . NO. 248 CIVIL 1994
.
Defendant .
.
.
.
DEFENDANT ERIE INSURANCE GROUP'S
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
PURSUANT TO PA, R. CIV. P. 1028
preliminarv Obiection in the Nature of a Demurrer to Count I
1. Plaintiff purports to state a claim for breach of
contract. Complaint at !!12-14. That contract is the Erie auto
insurance policy ("Policy"). Plaintiff has not attached a copy
of the Policy to his Complaint, nor has he explained the reason
for failing to do so. Pa, R. Civ. P. 1019(a). A copy of the
pertinent portion of the Policy is attached hereto as Exhibit
"A. II
2. Plaintiff's exclusive remedy, pursuant to the Policy
and under the circumstances, is through arbitration of
Plaintiff's purported claim for underinsured motorist benefits.
3. Plaintiff fails to state a claim for breach of contract
upon which relief can be granted.
WHEREFORE, Defendant Erie Insurance Group requests that the
Court dismiss with prejUdice Plaintiff's claim for breach of
contract set forth at Paragraphs 12-14 of the Complaint. In the
alternative, Erie Inourance Group requests that the Court order
Plaintiff to file an amended complaint attaching a copy of the
contract on which Plaintiff's claim is based.
preliminarv Obiection in the Nature of a Demurrer to Count II
4. Plaintiff purports to state a claim for bad faith
pursuant to 42 Pa, C.S.A. 58371. Complaint at !!15-16.
5. Title 42 Pa, C.S.A. 58371 is unconstitutional on its
face.
6. In the alternative, the Pennsylvania Motor Vehicle
Financial Responsibility Law provides the exclusive remedy under
the circumstances.
7. Plaintiff fails to state a claim for bad faith upon
which relief can be granted.
WHEREFORE, Defendant Erie Insurance Group requests that the
Court dismiss with prejudice Plaintiff's claim for bad faith set
forth at Paragraphs 15-16 of the Complaint.
preliminarv Obiection in the Nature of a Demurrer to Count III
8. Plaintiff purports to state a claim for the "common law
tort of bad faith" and seeks "additional economic and other
compensatory coverages in excess of those authorized by 42 Pa,
C.S.A. 58371." Complaint at !!17-18. There is no such "common
law tort of bad faith."
9. Plaintiff fails to state a claim for the "common law
tort of bad faith" upon which relief can be granted.
- 2 -
WHEREFORE, Detendant Erie Insurance Group requests that the
Court dismiss with prejudice plaintiff's claims for "bad faith"
set forth in Paragraphs 17-18 of the Complaint.
preliminarv Obiection in the Nature of a Demurrer to Count IV
10. Plaintiff purports to state a claim for violation of
the Unfair Trade Practices and Consumer protection Law.
Complaint at !!19-20.
11. Plaintiff fails to state a claim for violation of the
Unfair Trade Practices and Consumer Protection Law upon which
relief can be granted.
WHEREFORE, Defendant Erie Insurance Group requests that the
Court dismiss with prejudice Plaintiff's claim for violation of
the Unfair Trade Practices and Consumer Protection Law set forth
at Paragraphs 19-20 of the Complaint.
preliminary Objection in the Nature
of an Alternative Motion to strike
12. Plaintiff seeks punitive damages in the prayers for
relief fOllowing Counts II and III.
13. Plaintiff fails to state a claim upon which relief in
the nature of punitive damages can be granted, and said claims
are impertinent under the circumstances.
WHEREFORE, Defendant Erie Insurance Group requests, in the
event that both Counts II and III are not dismissed with
- 3 -
prejudice, that Court strike from the Complaint Plaintiff's
requests for punitive damages.
Preliminary Objections in the Nature
of an Alternative Motion to strike
14. Plaintiff seeks treble damages and attorney's fees in
the prayer for relief following Count IV.
15. Plaintiff fails to state a claim upon which relief in
the nature of treble damages or attorney's fees can be granted,
and said claim is impertinent under the circumstances.
WHEREFORE, Defendant Erie Insurance Group requests, in the
event that Count IV is not dismissed with prejudice, that the
Court strike from the Complaint Plaintiff's request for treble
damages and attorney's fees.
preliminary Objection in the Nature
of a Motion to strike
16. At Paragraphs 16, 18 and 20 of the Complaint, Plaintiff
alleges "For the reasons set forth above including, but not
limited to ...." (Emphasis added.) The phrase "but not limited
to" is a boilerplate, unspecific allegation, is unclear and
impertinent, and therefore should be stricken.
WHEREFORE, Defendant Erie Insurance Group requests, in the
event that Counts II, III and IV are not dismissed with prejudice
- 4 -
in their entirety, that the Court strike from Paragraphs 16, 18
and 20 ot the complaint the language "but not limited to."
NURICK
eedenb
I.O.
Donald B. Kaufman
Attorney I.D. No. 49674
100 Pine Street
P. O. Box 1166
HarriSburg, PA 17108-1166
(717) 237-5267
Attorneys for Defendant
Erie Insurance Group
February~, 1994
- 5 -
exhibit A
n
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1ll1"".,llUoI__'C" '_rlI... nu. .C'H'D @ 0
ERlE INSURANCE EXCHAN' .
EkIE INSURANCE COMPAN.
,
AUTO ENDORSEMENT
. .., UNINSURED/UNDERINSURED MOTORISTS COVERAGE . PENNSYLVANIA
Tho limits of protection shown on the Declarationa apply to Uninsured Motorists Coverage or Underinsu.red
Motorists Coverage. Unless noted otherwise, the provisions of this endorsement apply to both Uninsured Motorists
Coverage and Underinsured Motorists Coverage.
Words in bold type are used as defined,in the DEFINITIONS section of this endorsement.
OUR PROMISE. UNINSURED MOTORISTS accident occurs in a state or province where the limits
COVERAGE required by the financial responsibility law are higher
than the limits shown on the Declarations, we will pay
up to the higher limits.
We will pay damages that the law entitles )'ou or your
legal representative to recover from the owner or driver
of an uninsured motor vehicle. Damages must result
from an accident arising out of the maintenance or use
of the uninsured motor vehicle. Damages must involve
bodily injury. meaning physical harm. sickness. disease
or resultant death. We will be bound by a judgment
against the uninsured on the issues of liability or the
amount of damages. only if it is obtained with our writ-
ten consent.
OUR PROMISE. UNDERINSURED MOTORISTS
COVERAGE
We will pay damsges that the law entitles you or your
legal representative to recover from the owner or driver
of an underinsured motor vehicle. Damages must result
from an accident arising out of the maintenance or use
of the underinsured motor vehicle. Damsges must in-
volve bodily injury. meaning physical harm. sickness.
disease or resultant death. We will be bound by a judg-
ment against the underinsured on the issues of liabili-
ty or the amount of damages. only if it is obtained with
our written consent.
OTHERS WE PROTECT
1. Any relative.
2. Anyone else while occupying any car we insu~e. other
than:
a. one rented to others or used to carry people or pro-
perty for a fee. Car pools will not be considered
carrying people for a fee.
b. one being used without the permission of the
owner.
c. one you are using that is owned by another resi.
dent of your household.
d. one furnished for your regular use or the regular
use of any resident of your household.
e. a non-owned car while being used by a relative.
3. Anyone else who is entitled to recover damages
because of bodily injury to any person protected by
this coverage.
--
Others we protect have the same rights and duties that
you have under this coverage.
UMITATIONS ON OUR DUTY TO PAY
What We Do Not Coy,r . Exclusions
This coverage does not apply to damages sustained b)'
anyone we protect if they or their legal representative
settled with anyone who may bllllable for the damages
without our written consent.
LIMITS OF PROTECTION
The amount shown on the Declarations for "each per.
son" is the limit of protection for ail damages because
of injury to one person as the result of on,' accident. The
amount shown for "each accident" is till' total limit of
protection for ail injuries to t" 0 or more (ler'ons. If till'
ABPUOl lEd. 10 S~I CF..j:;SI
If the injured person is other than you or a relative, our
duty to pay for damages is limited by the amounts
shown on the Declarations for insurance to the car in.
volved in the accident. The insuring of more than one
person or car under these coverages does not increase
the limits of protection.
Payment under these coverages to or for anyone we pro-
tect will reduce the amount of damages they may be
entitled to recover from those protected under the
Liability Coverages of this policy.
Damages payable under Uninsured Motorists Coverage
or COverab'l!s may not be recovered under Underinsured
Motorists Coverage or Coverages.
In any action for damages for Uninsured Motorists
benefits or Underinsured Motorists benefits arising out
of the maintenance or use of a motor vehicle, a person
who is eligible to receive benefits under First Party
Benefits coverages shall be precluded from pleadlng.in-
traducing into evidence or recovering the amount of:
1. required benefits paid or payable under First Party
Benefits . and
2. Medical and rehabilitation expenses which were paid
or are payable from the Catastrophic Loss Trust
Fund,
OTHER INSURANCE
If anyone we protect sustains bodily injury while occu-
pying a motor vehicle you do not own, we will pay the
amount of the loss not covered by other insurance, up
to the applicable limits of this policy. If anyone we pro-
tect has other similar insurance that applies to the ac-
cident. we will pay our share of the loss. Our share will
be the proportion the limit of protection of this coverage
bears to the total limit of protection of all applicable
insurance. Recovery will not exceed the highest limit
available among the applicable policies. With respect
to underinsured motor vehicles, we will not be obligated
to make any payment until the limits under all bodily
injury insurance policies and liability bonds applicable
at the time of the accident. including other than motor
vehicle insurance, have been exhausted by payment of
settlements or judgments.
ARBITRATION
Disagrecment over the Icgnl right to recover damages
or the amount of damages will be settled by arbitration.
Aftcr writtcn demand for arbitration by either party.
each party \\ill sclect lID arbitrator. Thfse two will select
a third. If no selection is made wit hilt 30 da\'s. cither
party can n-quest the ,election be made by a court ha\".
ing jurisdiction. The arbitrators will determinl' the
dispUll1d issu('s.
IOVl'r Ph..~~...1
Unless the parties sgree otherwis 'Ie arbitration will
take place In the county and statt. ...here you live and
will.follow the local rules of procedure and evidence.
.Each party will pay the arbitrator he chooses and equal.
Iy bear the expensea for the third and all other expenses
of the arbitration. Fees to lawyers and expert witnesses
are to be pald by the party hiring them.
In all other respects, any arbitration will follow the
statutory arbitration provisions of the Pennsylvallla
Unlform Arbitration Act (42 Pa C.S.A. ~7301 throllgh
n_ .
PAYMENT OF LOSS
When multiple policies apply, payment shall be made
In the following order of priority: UI A policy covering
the motor vehicle occupied by the Injured person at the
time of the accident (2) A policy covering a motor vehl.
c1e not Involved In the accident with respect to which
the Injured person Is an Insured.
At our option we will pay: (1) anyone we protect: or (2)
the surviving spouse; or (3) the legal representative: or
(4) anyone legally entitled to recover.
TRUST AGREEMENT
When we pay anyone under these coverages. they will:
(I) repay us out of any damages recovered from the
legally liable party (this applies to Uninsured Motorists
coverage only): (2) hold In trust for us all rights of
recovery against the other party: (3) do whatever Is pro-
per to secure these rights, and do nothing to harm them:
(4) sign and deliver to us all relevant papers: (5) take
any action necessary to recover payments made under
these coverages through a lawyer chosen by us : and
(6) repay us from any recovery for expenses, costs. or
lawyers' fees we pald In the action.
CONDITIONS
All of the Conditions of this polley apply to this endorse-
ment. Reference to or applicability of Unln,sured
Motorists Coverage Is extended to Include Underln.
sured Motorists Coverage.
REPLACEMENT
This endorsement replaces the Uninsured Motorists In.
surance of the policy.
DEFINITIONS
"anyone we protect" means any person or organization
we specifically state Is protected under the coverage be-
Ing described.
llcar", lIauto", "automobile" means any motor vehicle.
"cars we Insure" means all vehicles described In the
Cars We Insure section of the policy or "highway
vehicles" If this endorsement is attached to ERIE's
Combination. Comprehensive or Garage policies.
"Catastrophic Loss Trust Fund" means the Fund
established under the Pennsylvania Motor Vehicle
Financial Responsibility Law 175 Pa. C.S. Ch. 17F.I.
"Declarations" means the sheet which shows the
coverages you have chosen for each car we Insure. It
also shows the premium for those coverages and the
limits of protection. Your policy is not complete without
this sheet.
"First Party Benefits" means Pennsylvania motor \'ehi.
cle liability insurance first party benefits lmedical
benefit, income loss benefit. funeral benefit, accidental
ABPUOI lEd. IOi841 l.:F.5S8J
death benefit. co 'nation ~enefit).ln accordance with
the Pennsylvania I>lotor Vehicle Financial Responsiblll.
ty Law. .
"motor vehicle" means any two to six wheel land motor
vehicle or traller except:
a. a vehicle designed for use principally off public roads.
while not on public roads:
b. a vehicle operated on ralls or crawler treads; or
c. a vehicle located for use as a residence or premises.
"non.owned car" means any vehicle described In part
121 of the Cars We Insure section of the policy, or "non.
owned automobile", if this endorsement Is attached to
ERIE's Combination Auto policy, or "highway vehicle"
(other than an Insured highway vehicle) If this endorse-
ment is attached to ERIE's Comprehensive Auto Polley
or Garage policy.
"occupying" means In or upon. getting Into or getting
out of.
"relative" means. if a resident of your household,
a. your relative or ward, and
b. any other person under 21 years old In your care.
"underinsured motor vehicle" means one for which the
limits of available lIablllty Insurance or self Insurance
at the time of the accident are Insufficient to pay losses
and damages. Motor vehicles owned by any governmen.
tal agency or unit will not be considered underlnsured.
"uninsured motor vehicle" means: UI one for which
there is no Iiablllty insurance or self insurance at the
time of the accident: or (2) one for which the Insurance
company denies coverage or becomes insolvent: or (3)
a "hit.and.run" motor vehicle which causes you bodily
injury. The identity of the owner and driver of the "hit.
and. run" vehicle must be unknown. The accident must
be reported to the police or other proper governmental
authority within 24 hours. We must be notified within
30 days or as soon as pracllcable thereafter. Motor
vehicles that are owned or operated by a self.lnsurer
within the meaning of the financial responsibility laws,
motor carrier laws, or similar laws will not be considered
uninsured. Motor vehicles owned by any governmen.
tal agency or unit will not be considered uninsured.
ADDITIONAL ERIE INSURANCE EXCHANGE
DEFINITIONS
The following words have this special meaning in
policies issued by Erie Insurance Exchange when they
appear in bold type.
"we", "us" or "our" means the Subscribers at Erie In-
surance Exchange as represented by their common
Attorney-in.Fact, Erie Indemnity Company,
"you", "your" or "named Insuredtl means the
Subscriber. Except In the policy conditions. these words
include the spouse of the Subscriber if a resident of the
same household.
-
ADDITIONAL ERIE INSURANCE COMPANY
DEFINITIONS
The following words have this special meaning in
policies issued by Erie Insurance Company when they
appear in bold type.
"we''. "us" or "our" means Erie Insurance Company.
u.)'ou", "your" or IInamed Insured" means the persons
named on the Declarations. Except in the policy condi.
tions. these words include his or her spouse if a resident
of Ihe same household.
t . ""-
ERIE ek,n
IN5Ul\ANCE E':IE n
GROUP O.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date the
foregoing Praecipe for Entry of Appearance was served by first
class mail, postage prepaid, upon the following:
Leslie M. Fields, Esquire
Costopoulos, Foster & Fields
P.O. Box 222
Lemoyne, PA 17043
February~, 1994
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MERRITT STANSFIELD
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVNAIA
v
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: NO. 248 CIVIL 1994
ERIE INSURANCE GROUP
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PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned matter as settled,
discontinued and ended.
B .
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M. Fields, Esquire
COST POULOS, FOSTER & FIELDS
831 Market Street, P.O. Box 222
Lemoyne, PA 17043'
Phone: (717) 761-2121
Dated: 7.13, 'If
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