Hopkins v. Erie Insurance
65 A.3d 452
Pa. Super. Ct.2013Background
- Mrs. Hopkins was injured in a 1999 motor vehicle accident; Erie insured her with underinsured motorist coverage.
- A contract to arbitrate was present in Erie’s policy; the dispute concerns ARBITRATION under the UIM claim.
- A complaint was filed in 2001; the underlying tort claim against the at-fault driver was settled, and Erie handling continued.
- Hopkins sent a demand for UIM arbitration to Erie on June 11, 2004; Erie requested medical records and authorizations in 2008.
- Erie advised in 2009 that the statute of limitations had run and would close the file; Appellants filed a petition to arbitrate in 2010.
- Trial court denied the petition in 2011; Appellants appealed, and the issue centered on the accrual and tolling of the statute of limitations for UIM claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the four-year contract statute of limitations began correctly. | Hopkins: accrual occurs at breach; deadline starts after denial. | Erie: accrual begins with contract rights vesting, per Boyle and Rosenthal. | Statute began on settlement; time-barred. |
| Whether equitable tolling should apply to toll the period. | Hopkins seeks tolling due to insurer’s conduct. | Erie argues no discovery/constructive tolling rule applies here. | No equitable tolling; statute not tolled. |
| Whether Erie’s conduct estopped against asserting the statute of limitations. | Hopkins asserts insurer conduct induced reliance to delay filing. | Erie did not engage in negotiations; no estoppel drawn. | No estoppel; no equitable relief |
Key Cases Cited
- Boyle v. State Farm Mut. Auto. Ins. Co., 310 Pa. Super. 10, 456 A.2d 156 (Pa. Super. 1983) (four-year contract statute begins when right to payment vests)
- Rosenthal v. State Farm Mut. Auto. Ins. Co., 484 F.3d 251, 257 (3d Cir. 2007) (four-year accrual tied to settlement/award; integrates insured/uninsured lines)
- Clark v. State Farm Auto. Ins. Co., 410 Pa. Super. 300, 599 A.2d 1001 (Pa. Super. Ct. 1991) (four-year accrual when insured learns of uninsured status and right to payment)
- Wheeler v. Nationwide Mut. Insurance Co., 749 F. Supp. 660 (E.D. Pa. 1990) (underinsured accrual aligns with uninsured cases; tolling on settlement)
- Walters v. Ditzler, 424 Pa. 445, 227 A.2d 833 (Pa. 1967) (discovery-related tolling considerations; general diligence duty)
- Nesbitt v. Erie Coach Co., 416 Pa. 89, 204 A.2d 473 (Pa. 1964) (estoppel/discovery-rule concepts limited to tolling exceptions)