HomeMy WebLinkAbout2009-8604 Civil
DARYL SHAFFER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION – LAW
:
NATIONAL UNION FIRE :
INSURANCE COMPANY OF :
PITTSBURGH, PA., :
Defendant : NO. 09-8604 CIVIL TERM
IN RE OPINION PURSUANT TO PA. R.A.P. 1925
OLER, J., April 28, 2010.
In this civil case, Plaintiff has filed an appeal to the Pennsylvania Superior Court
from an en banc order granting Defendant’s preliminary objections in the nature of a
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demurrer to Plaintiff’s complaint and dismissing the complaint. The bases of the appeal
have been expressed in a statement of matters complained of on appeal as follows:
1. By Order dated March 26, 2010, the trial court sustained Defendant’s
preliminary objections and dismissed Plaintiff’s Complaint setting forth causes of
action for breach of contract, insurance bad faith and a violation of the
Pennsylvania Unfair Trade Practices and Consumer Protection Law.
2. The trial court committed an error of law when it found that the language of
the insurance policy as it pertains to Plaintiff’s claim is clear, unambiguous, and
unavailing.
3. The trial court committed an error of law when it found that the inclusion
of “[For Residents of Missouri: Dismemberment]” was merely a specification of,
and not a restriction upon, the definition of “Permanently Totally Disabled”
contained in the insurance policy.
4. The trial court committed an error of law when it determined that Plaintiff
did not qualify as Permanently Totally Disabled as defined by the insurance policy.
5. The trial court committed an error of law when it determined that
Defendant was under no obligation to pay the Permanent Total Disability
Maximum Amount contained in the Benefits Schedule of the insurance policy and
therefore did not breach a coverage obligation owed to Plaintiff.
The rationale for the court’s dismissal of Plaintiff’s complaint was contained in an
opinion by the court accompanying the order appealed from, dated March 26, 2010, and
will not be here reiterated. Accordingly, the Prothonotary is directed to transmit the
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Plaintiff’s Notice of Appeal, filed April 16, 2010.
record to the Pennsylvania Superior Court for purposes of disposition of Plaintiff’s
appeal.
BY THE COURT,
_________________
J. Wesley Oler, Jr., J.
Peter M. Good, Esq.
Jessica E. Mercy, Esq.
Smigel, Anderson & Sacks, L.L.P.
River Chase Office Center
4431 North Front Street
Harrisburg, PA 17110
Attorneys for Plaintiff
Eric A. Fitzgerald Esquire
Thomas A. Specht, Esquire
Marshall, Dennehey, Warner,
Coleman & Goggin
P.O. Box 3118
Scranton, PA 18595
Attorneys for Defendant
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