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Home My WebLink About2007-5986 Civil (2) PENNSYLVANIA GENERAL : IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : : V. : : TONI GULICK, as Administratrix of the : Estate of LARRY GULICK, JR., : CYNTHIA K. JUMPER, : KRISTINE’S AUTO SALES and : KRISTINE GULICK, a minor, : DEFENDANTS : 07-5986 CIVIL TERM IN RE: MOTION OF DEFENDANT, KRISTINE GULICK, FOR A NEW TRIAL OPINION AND ORDER OF COURT Bayley, J., December 15, 2009:-- On November 23, 2009, following a bench trial in this action for a declaratory judgment, an order was entered, supported by a written opinion, decreeing that: [a]n insurance policy issued by Pennsylvania General Insurance Company effective October 22, 1996, does not provide coverage, nor require that Pennsylvania General Insurance Company provide a defense, for the claims sought in a suit instituted on behalf of Kristine Gulick against the administratrix of the estate of Larry Gulick for injuries incurred by Kristine Gulick in an accident on October 27, 1996. Defendant, Kristine Gulick, filed a motion for a new trial. Gulick avers: 3. Prior to trial, defendant Kristine Gulick filed a Motion in Limine, the purpose of which was to preclude Cynthia Jumper’s trial testimony on the basis of the dead man’s rule. 4. The Court overruled this Motion in Limine and permitted Cynthia Jumper to testify regarding events and statements allegedly made by the decedent, Larry Gulick, Jr. 5. Defendant Kristine Gulick alleges that the court erred in denying her Motion in Limine. 6. In its opinion, the court held that the Camaro involved in the accident 07-5986 CIVIL TERM was not covered under “SPECIFICALLY DESCRIBED ‘AUTOS’”. 7. The Court erred in its conclusion that there was no coverage because the policy provided that the insured had thirty (30) days after the auto was acquired to add the auto to “SPECIFICALLY DESCRIBED AUTOS”, the accident happened within thirty (30) days of the Camaro’s purchase and the plaintiff paid for the damage to the Camaro under its liability coverage. The opinion in support of the order of November 23, 2009, is incorporated herein. As set forth in that opinion, Cynthia Jumper was allowed to testify as to the circumstances under which the 1994 Chevrolet Camaro was purchased at auction by Kristine’s Auto Sales; her understanding with Larry Gulick, Jr. as to under what circumstance the vehicle would be transferred to her; that the vehicle was never transferred to her; that Gulick used the vehicle for his personal use; that on the day of the accident he was driving the vehicle for his personal use; that following the accident Gulick enlisted her in a scheme to backdate a transfer of the title to her to a date before the accident; that Gulick had her sign the title transfer document backdated to October 25, 1996, two days before the accident; and that she never appeared before the notary that notarized the signatures on the title transfer documents. Under the Dead Man’s Act, 42 Pa.C.S. Sections 5930-5933, a person in a civil proceeding who is otherwise a competent witness, but who has an interest which is adverse to the decedent’s estate, is disqualified from testifying as to any transaction or Hera v. McCormick, event which occurred before the decedent’s death. 425 Pa. sub judice, Super. 432 (1993). In the case Cynthia Jumper had no interest that was adverse to the decedent, Larry Gulick, Jr. She is not a beneficiary of his estate. She -2- 07-5986 CIVIL TERM did not gain or lose as a direct legal operation and effect of the decree that the insurance policy issued by Pennsylvania General Insurance Company does not provide coverage, or require that the company provide a defense, for the claims sought in the suit instituted on behalf of Kristine Gulick against the administratrix of the Estate of Larry Gulick for injuries incurred by Kristine Gulick in the accident on October 27, 1996. There was no error in the court refusing to grant the motion in limine to preclude Jumper’s testimony based on the Dead Man’s Act. Larry Gulick, Jr., never added the 1994 Chevrolet Camaro to SPECIFICALLY DESCRIBE AUTOS under the insurance policy. The court did not error in its conclusion that there was no coverage for the Camaro at the time of the accident. There was evidence that after the accident on October 27, 1996, Pennsylvania General Insurance Company paid for damage to the Camaro. Whether the company had to was not an issue before the court. After an investigation, the company denied coverage for the claims made in the suit instituted on behalf of Kristine Gulick for damages for personal injury. Having paid the property damage on the Camaro did not commit the company to pay another claim for which there was no coverage. ORDER OF COURT AND NOW, this day of December, 2009, the motion of defendant IS DENIED. Kristine Gulick for a new trial, By the Court, -3- 07-5986 CIVIL TERM Edgar B. Bayley, J. -4- 07-5986 CIVIL TERM Scott D. McCarroll, Esquire P.O. Box 999 305 North Front Street Harrisburg, PA 17108 For Plaintiff Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 For Defendants :sal -5- PENNSYLVANIA GENERAL : IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : : V. : : TONI GULICK, as Administratrix of the : Estate of LARRY GULICK, JR., : CYNTHIA K. JUMPER, : KRISTINE’S AUTO SALES and : KRISTINE GULICK, a minor, : DEFENDANTS : 07-5986 CIVIL TERM IN RE: MOTION OF DEFENDANT, KRISTINE GULICK, FOR A NEW TRIAL ORDER OF COURT AND NOW, this day of December, 2009, the motion of defendant IS DENIED. Kristine Gulick for a new trial, By the Court, Edgar B. Bayley, J. Scott D. McCarroll, Esquire P.O. Box 999 305 North Front Street Harrisburg, PA 17108 For Plaintiff Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 For Defendants :sal 07-5986 CIVIL TERM -2-