Cid v. Erie Insurance Group
63 A.3d 787
| Pa. Super. Ct. | 2013Background
- Cid, an Erie insured, filed a petition in Philadelphia County Nov 15, 2011 to appoint a neutral arbitrator and compel UIM arbitration.
- Erie answered, asserting Montgomery County as proper venue under the policy.
- Cid filed a second, identical petition on Nov 29, 2011 with service by certified mail.
- Erie filed preliminary objections to the second petition (Dec 8, 2011) challenging venue and service.
- The court, after a policy reference, sustained Erie’s venue objections and dismissed the petition without prejudice (Jan 18, 2012).
- Cid’s subsequent petition was again dismissed (Feb 22, 2012) and she appealed, challenging whether Erie waived venue by not timely filing preliminary objections; the court’s ruling rested on petition practice under local rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Erie waived venue objection by answering first petition | Cid | Erie waived by not filing preliminary objections | Yes, waived; but affirmed on alternative basis under Local Rule 206.1(a) |
| Proper procedure for petitions vs pleadings in Philadelphia** | Cid | Erie complied via answer under petition rules | Petitions governed by Pa.R.C.P. 206.1 et seq.; no preliminary objections in petitions; defenses via answer |
| Effect of Local Rule 206.1(a) on waiver doctrine | Cid | Rule supersedes Clark/Boyce | Rule controls; no waiver due to timing under petition framework |
Key Cases Cited
- Schultz v. MMI Prods., 30 A.3d 1224 (Pa.Super.2011) (abuse of discretion standard for venue rulings)
- Sehl v. Neff, 26 A.3d 1130 (Pa.Super.2011) (abuse of discretion in civil procedure rulings)
- Clark v. State Farm Auto. Ins. Co., 410 Pa.Super. 300, 599 A.2d 1001 (Pa.Super.1991) (preliminary objections vs petition practice in venue challenges)
- McLain v. Arneytown Trucking Co., Inc., 370 Pa.Super. 520, 536 A.2d 1388 (Pa.Super.1988) (failure to timely file preliminary objections waives improper venue)
- Boyce v. St. Paul Property & Liability Ins. Co., 421 Pa.Super. 582, 618 A.2d 962 (Pa.Super.1992) (waiver of venue defense when objections not timely)