NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant in 90-1534, v. Earl D. HAMPTON, Jr., Earl D. Hampton, Sr. and Barbara Hampton, Appellants in 90-1523.
Nos. 90-1523, 90-1534.
United States Court of Appeals, Third Circuit.
Decided May 31, 1991.
Argued Feb. 6, 1991.
935 F.2d 578
After careful review of the entire record on appeal, we conclude none of appellants’ several sufficiency claims has merit. Without reciting the pertinent trial evidence, we hold that evidence was sufficient to permit a reasonable jury to conclude beyond a reasonable doubt, as the jury in this case did, that each appellant committed each crime for which they stand convicted in this case.
XI.
Conclusion
Having carefully considered Idone‘s, Eufrasio‘s and Iacona‘s appeals, we find them to be without merit. We will affirm the judgments of sentence and conviction with respect to each.
ly“) as evidence of appellants’ guilt (Iacona Br. at 16); (2) “highlighted” the prejudicial name of the enterprise while restating the government‘s evidence of each appellant‘s association with the Scarfo organization (id.); (3) failed to “specifically” caution the jury that “they must be satisfied with such evidence beyond a reasonable doubt” (id.); and (4) told the jury that “the government must show [appellants‘] ... association in fact as part of its burden to show the existence of the enterprise“. See id., referring to district court instruction at App. 3380.
After reviewing these allegations of error, we find them to be without merit. The district court‘s instructions concerning the association requirement of
Stephen M. Karp (argued), Grant, Karp & Associates, Paoli, Pa., for appellants/cross-appellees Earl D. Hampton, Jr., Earl D. Hampton, Sr. and Barbara Hampton.
Edward J. Carney, Jr. (argued), Petrikin, Wellman, Damico, Carney & Brown, Media, Pa., for appellee/cross-appellant Nationwide Mut. Ins. Co.
David M. Jakobi, Paoli, Pa., for amicus curiae, Pennsylvania Trial Lawyer‘s Ass‘n on behalf of appellants/cross-appellees Earl D. Hampton, Jr., Earl D. Hampton, Sr. and Barbara Hampton.
Peter J. Hoffman, McKissock & Hoffman, Philadelphia, Pa., for amicus curiae, Pennsylvania Defense Institute on behalf of appellee/cross-appellant Nationwide Mut. Ins. Co.
Before MANSMANN, SCIRICA and HIGGINBOTHAM, Circuit Judges.
OPINION OF THE COURT
SCIRICA, Circuit Judge.
In this diversity action, Earl Hampton, Jr. seeks to receive underinsured motorist benefits through his father‘s insurance pol-
I.
Hampton was severely injured when his motorcycle collided with a van driven by Laura Guilfoil. It is not disputed that Guilfoil was at fault in the accident. Although Hampton resided in Pennsylvania, he registered his motorcycle in Delaware, apparently to shelter it from a claim by his ex-wife. He also failed to insure the motorcycle. Hampton claimed over $200,000 in damages, and received the $100,000 limit under Guilfoil‘s policy with the Nationwide Mutual Insurance Company. He now seeks to collect underinsured motorist benefits through his father‘s insurance policy, also issued by Nationwide. These benefits are designed to compensate people who have been injured by motorists whose insurance is insufficient to cover the losses inflicted. The policy provides $50,000 of underinsured motorist coverage for each of two automobiles. There is no dispute that the policy permits this coverage to be “stacked,” for a total coverage of $100,000 per accident.
After a bench trial, the district court found that Hampton was covered by the policy, since he was a relative of the named insured residing in the same household. This factual finding is not challenged on appeal. The court held that Pennsylvania law does not bar Hampton from recovering underinsured motorist benefits, even though he was injured while operating his uninsured out-of-state motorcycle. The court also invalidated a clause in the policy that denies underinsured motorist coverage for injuries sustained while occupying a vehicle owned by a relative of the named insured but not insured under the policy (“the Household Exclusion Clause“). Finally, the court invalidated a clause which Nationwide claimed allowed it to offset Hampton‘s $100,000 underinsured motorist coverage by the $100,000 he received under Guilfoil‘s policy, thus reducing his recovery to zero (“the Offset Clause“). The court ordered Nationwide to pay Hampton $30,-
II.
On appeal, the parties raise three issues. First, does Pennsylvania law bar the owner of an out-of-state uninsured motorcycle from recovering underinsured motorist benefits? Second, is the Household Exclusion Clause void as contrary to public policy? Third, may Nationwide offset the entire amount of the policy‘s underinsured motorist coverage by the amount Hampton received under Guilfoil‘s policy? We believe that the Household Exclusion Clause is valid under current Pennsylvania law, and that Hampton‘s recovery is therefore barred by the terms of the policy. Consequently, we do not decide whether Pennsylvania law independently requires that Hampton be denied benefits. Because we hold that Hampton is not entitled to any benefits, we need not decide the validity of the Offset Clause.
This appeal was taken from a final judgment after trial, and no factual findings are challenged. The parties agree that all issues are governed by Pennsylvania law. Since the Pennsylvania Supreme Court has not ruled upon any of the questions presented here, we must predict how it would decide. McKenna v. Ortho Pharmaceutical Corp., 622 F.2d 657, 661 (3d Cir.), cert. denied, 449 U.S. 976 (1980). In making this prediction, decisions of lower state courts are “not to be disregarded by a federal court unless it is convinced by other persuasive data that the highest court of the state would decide otherwise.” West v. American Telephone & Telegraph Co., 311 U.S. 223, 237 (1940). When a district court has predicted state law, our review is plenary. Compagnie Des Bauxites De Guinee v. Insurance Co. of North America, 724 F.2d 369, 371-72 (3d Cir. 1983).
III.
A. THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW
This case is governed by the provisions of the Motor Vehicle Financial Responsibility Law (“MVFRL“),
Under the MVFRL, no vehicle may be registered unless the registrant self-certifies that he is “financially responsible.”
The ability to respond in damages for liability on account of accidents arising out of the maintenance or use of a motor vehicle in the amount of $15,000 because of injury to one person in any one accident, in the amount of $30,000 because of injury to two or more persons in any one accident and in the amount of $5,000 because of damage to property of others
in any one accident. The financial responsibility shall be in a form acceptable to the Department of Transportation.
As originally enacted, the MVFRL required a vehicle owner to provide proof of financial responsibility when the owner‘s license is suspended, the owner is convicted of a traffic offense, or the vehicle is involved in an accident.
The MVFRL also established a new method of deterring people from failing to insure their vehicles. See House Journal, Dec. 13, 1983 at 2148 (MVFRL “deals with a lot of the major deficiencies of the original no-fault bill [including] the question of the uninsured motorist being able to collect. It eliminates those abuses of the system.“) (Statement of Rep. Murphy). The MVFRL excludes certain people from receiving private insurance benefits to which they otherwise would have been entitled. The statute provides that:
An owner of a currently registered motor vehicle who does not have financial responsibility or an operator or occupant of a recreational vehicle not intended for highway use, motorcycle, motor-driven cycle, motorized pedalcycle or like type vehicle required to be registered under this title cannot recover first party benefits.
Nationwide contends that
In passing the Act, the Legislature was primarily concerned with the rising consumer cost of automobile insurance, created in part by the substantial number of uninsured motorists who contributed nothing to the pool of insurance funds from which claims were paid. The Act has the effect of requiring all owners of registered vehicles to share in the burden of insurance before they can obtain the benefits. By denying benefits to a certain class of people—those not insuring their registered vehicles—the Act encourages the purchase of insurance by all owners who register vehicles which can be legally operated on the highways.
369 Pa. Super. at 10, 534 A.2d at 840-41 (citations omitted).
The difference in this case is that Hampton seeks underinsured motorist benefits, rather than basic liability benefits. Section 1714 applies only to “first party benefits.” Hampton concedes that underinsured motorist benefits are a form of first party coverage, because they are awarded through the claimants own insurance policy. See Wolgemuth v. Harleysville Mut. Ins. Co., 370 Pa. Super. 51, 60, 535 A.2d 1145, 1150 (en banc) (quoting Myers v. State Farm Mut. Auto. Ins. Co., 336 N.W.2d 288, 291 (Minn. 1983)), alloc. denied, 520 Pa. 590, 551 A.2d 216 (1988). However, he argues that underinsured motorist benefits are not “first party benefits” within the scope of
In Henrich v. Harleysville Insurance Cos., 588 A.2d 50 (Pa. Super. 1991), the Superior Court recently held that
since
§ 1714 specifically states that owners of uninsured, registered motor vehicles are precluded from recovering first party benefits, our rules of statutory construction lead us to conclude that the legislature implicitly intended not to preclude that same class of claimants from recovering uninsured motorist benefits.
However, this case is different from Henrich. In Henrich, the court limited itself to an analysis of
B. THE HOUSEHOLD EXCLUSION CLAUSE
Nationwide contends that even if
This Uninsured/Underinsured Motorists insurance ... does not apply to bodily injury suffered while occupying or from being hit by a motor vehicle owned by you or a relative living in your household, but not insured for Uninsured/Underinsured Motorists coverage under this policy.
App. at 52a. Hampton was a relative living in the same household as the named insured and his motorcycle was not insured under the policy. Consequently, on its face this Household Exclusion Clause bars him from recovering underinsured motorist benefits. Hampton concedes that his recovery is barred by the terms of the policy, but argues that the clause is void as contrary to public policy. The district court held the clause invalid.
1. Pennsylvania Case Law
Pennsylvania courts have addressed the validity of such clauses.4 In State Farm Mutual Automobile Insurance Co. v. Williams, 481 Pa. 130, 392 A.2d 281 (1978), the Pennsylvania Supreme Court held a household exclusion clause void as contrary to Pennsylvania‘s public policy as expressed in the still-extant Uninsured Motorist Act,
Williams relied entirely on Harleysville Mutual Casualty Co. v. Blumling, 429 Pa. 389, 241 A.2d 112 (1968), which had invalidated a different type of exclusion clause. The clause at issue in Blumling, known as an “other insurance” clause, denied uninsured motorist coverage whenever the occupied vehicle was insured under a different policy. The court in Blumling noted that the Uninsured Motorist Act did not limit the total amount that a victim could recover and held that “where the loss exceeds the limits of one policy, the insured may proceed under other available policies
Prior to Williams, the Pennsylvania Superior Court also had invalidated similar clauses, but for somewhat different reasons. In Bankes v. State Farm Mutual Automobile Insurance Co., 216 Pa. Super. 162, 264 A.2d 197 (1970), the claimant was injured while riding a motorcycle which apparently was uninsured, and sought recovery under a policy covering his car. The court allowed recovery despite the existence of a household exclusion clause similar to that involved here. The court noted that when enacting and amending the Uninsured Motorist Act, the legislature had explicitly rejected a statutory household exclusion provision. Thus, “[t]he intent of this act is that an insured recover those damages which he would have received had the uninsured motorist maintained liability insurance. In effect, it provides a substitute for compulsory automobile insurance.” Id. at 168, 264 A.2d at 200. The court found that household exclusion clauses would “undercut that purpose and intent.” Id. This discussion was dicta in Bankes, since the policy at issue exceeded the scope of exclusions authorized by the Pennsylvania Insurance Commissioner. But this analysis of legislative history was endorsed in Wilbert v. Harleysville Mutual Insurance Co., 254 Pa. Super. 217, 385 A.2d 987 (1978), in which the Superior Court invalidated a similar exclusion clause when faced with similar facts.
2. Law of Other States
Williams is in accord with the clear majority of states that have addressed the validity of household exclusion clauses. The highest courts of 27 other states, and intermediate courts in another four, have declared such clauses invalid.5 It should
In each case, the challenged exclusion clause was essentially the same as that involved here. Further, the relevant provisions of each state‘s uninsured/underinsured motorist statutes are similar. See Widiss, supra at 160. Insurers are required to offer or furnish minimum levels of coverage with every insurance policy. Almost all of the cases involve uninsured motorist coverage, but we find their reasoning equally applicable to the underinsured motorist situation. But see Mason v. State Farm Mut. Auto. Ins. Co., 148 Ariz. 271, 714 P.2d 441 (Ct. App. 1985) (enforcing clause to deny underinsured motorist coverage despite contrary precedent relating to uninsured motorist coverage). However, no case discusses a benefit exclusion provision similar to
Courts that have invalidated the clauses generally follow different reasoning from that in Williams. They note that uninsured/underinsured motorist coverage is personal to the insured and “portable,” meaning that the insured is covered wherever he happens to be at the time of the injury. Household exclusion clauses per-mit recovery in every instance except when the insured is occupying or is struck by a vehicle that is owned by him or a family member but not insured under the policy. Thus, an insured will be covered if he is injured while standing next to an owned-but-uninsured vehicle, but not covered once he enters the vehicle. Because the coverage is personal and portable, courts have held that the household exclusion clause is an improper attempt to limit the statutorily required protection. As one court has noted:
The status of the named insured and his relatives as persons insured against negligent uninsured motorists is not altered by there being other family vehicles having no uninsured motorist coverage. They acquire their insured status when coverage is purchased for any household vehicle. Thereafter, they are insured no matter where they are injured. They are insured when injured in an owned vehicle named in the policy, in an owned vehicle not named in the policy, in an unowned vehicle, on a motorcycle, on a bicycle, whether afoot or on horseback or even on a pogo stick.
Bradley v. Mid-Century Ins. Co., 409 Mich. 1, 294 N.W.2d 141, 152 (1980).
Courts often rely on broad statutory language to support this view. In no case were household exclusion clauses expressly prohibited by statute. This discussion by the Minnesota Supreme Court (since superseded by statute) is typical:
Our statute defines “policy of automobile liability insurance” in part as a policy “insuring a natural person as named insured, and any relative or relatives of the named insured who is a resident of the same household” and mandates uninsured-motorist coverage “for the protection of persons insured thereunder.”
Nygaard v. State Farm Mut. Auto. Ins. Co., 301 Minn. 10, 221 N.W.2d 151, 156 (Minn. 1974) (citations omitted).
Other courts note that the only statutory restriction on uninsured/underinsured coverage is that the claimant be “legally entitled to recover damages,” which applies regardless of where the injury occurs. See, e.g., Hillman v. Nationwide Mut. Fire Ins. Co., 758 P.2d 1248, 1252 (Alaska 1988) (superseded by statute); Doe v. Rampley, 256 Ga. 575, 351 S.E.2d 205, 206 (1987); Cardin v. Royal Ins. Co., 394 Mass. 450, 476 N.E.2d 200, 204 (1985); Hogan v. Home Ins. Co., 260 S.C. 157, 194 S.E.2d 890, 892 (1973); Mullis v. State Farm Mut. Auto. Ins. Co., 252 So. 2d 229, 234 (Fla. 1971). The MVFRL contains similar language. See
Courts that have enforced the clauses employ a variety of rationales. The most extensive discussion is found in Dullenty v. Rocky Mountain Fire and Casualty Co., 111 Idaho 98, 721 P.2d 198 (1986). In that case, the court found no legislative intent to require uninsured motorist coverage in all instances, despite the usual broad statutory language. The court noted that Idaho requires liability insurance, but allows for express waiver of uninsured motorist cov-erage.7 The court then examined public policy, and held that insurers should not be forced to assume risks for which they had not contracted:
It is arguable that the principal risk from damage caused by an uninsured motorist exists when the insured is occupying a motor vehicle. The risk of being injured by an uninsured motorist while an insured is riding a horse, camel, pogo stick, or while a pedestrian or sitting on one‘s front porch, may be relatively slight. Hence, a carrier may be willing to assume such additional slight risk without an increased premium....
We deem it obvious that a person is more likely to be occupying an owned vehicle than he is to be occupying a vehicle owned by someone else. Hence, an insurance carrier may be willing to assume risks which it perceives as relatively slight, i.e., being damaged by an uninsured motorist while occupying a nonowned vehicle, without an increase in premium. It might be unwilling to insure against a risk it perceives as substantial without an increase in premium. If an insured is required to insure against a risk of an undesignated but owned vehicle, or a different and more dangerous type of vehicle of which it has no knowledge, it is thereby required to insure against risks of which it is unaware, unable to underwrite, and unable to charge a premium therefor.
Id. at 106, 721 P.2d at 206. But see Jacobson v. Implement Dealers Mut. Ins. Co., 196 Mont. 542, 640 P.2d 908, 911-12 (1982) (asserting that uninsured motorist premiums are not related to risk).
The court also referred to cases discussing “the inequity of allowing a person who insures one vehicle with an insurance carrier to obtain a ‘free ride’ by thereby obtaining coverage by that same carrier on one, two, or a fleet of vehicles upon which he
3. Discussion
We believe the Pennsylvania Supreme Court would find that Williams no longer applies when the claimant was injured while occupying a vehicle that he had failed to insure. The MVFRL embodies a new policy, expressed in
We do not question the holding of Williams as applied to the facts of that case. In Williams, the occupied vehicle was insured under a separate policy. Thus, enforcement of the exclusion would not serve the deterrent purposes of the MVFRL. We also note that Williams relied entirely on Blumling, which involved an “other insurance” clause. Because “other insurance” clauses apply only when the occupied vehicle is insured under a separate policy, the rationale of Blumling is primarily applicable to that situation. Cf. Shepherd v. American States Ins. Co., 671 S.W.2d 777 (Mo. 1984) (en banc) (likewise limiting discussion of household exclusion clause to situation where occupied vehicle is insured).
We believe the Pennsylvania Supreme Court would distinguish between the situations where the occupied vehicle was uninsured and where it was insured under a separate policy. The Household Exclusion Clause has different effects in each situation. When the occupied vehicle is insured under a separate policy, the clause prohibits the “stacking” of uninsured or underinsured coverage across multiple insurance policies. The claimant may recover under the policy covering the occupied vehicle, but cannot add coverage provided by the policy containing the exclusion. This “external” stacking can be distinguished from the “internal” stacking of coverage within
We recognize that the Superior Court cases of Wilbert and Bankes, decided in 1978 and 1970 respectively, apparently involved claimants who were injured while occupying uninsured vehicles. However, we believe the Pennsylvania Supreme Court would decline to follow these cases in light of the intervening policy of the MVFRL. Both Wilbert and Bankes relied heavily on the legislative history of the Uninsured Motorist Act, which revealed that the legislature had specifically rejected a proposal to include a statutory household exclusion provision. We have found no similar legislative history with respect to the MVFRL. In Williams, the Supreme Court reached the same result without relying on the reasoning in Wilbert or Bankes.
In addition, Wilbert and Bankes have limited application to underinsured motorist benefits, and are of questionable value following the establishment of compulsory insurance in Pennsylvania. The district court emphasized the statement in Bankes that the intent of the Uninsured Motorist Act “is that an insured recover those damages which he would have received had the uninsured motorist maintained liability insurance. In effect, it provides a substitute for compulsory automobile insurance.” 216 Pa. Super. at 168, 264 A.2d at 200. We note first that this rationale does not apply to underinsured motorist coverage, which presumes that the tortfeasor has some insurance. In addition, both Wilbert and Bankes concerned events occurring before the No-fault Act, which established compulsory insurance effective in 1977. Before 1977, Pennsylvania law imposed sanctions only if a motorist was unable satisfy a judgment against him. Thus, the vitality of this rationale is questionable after this date.
This fact was implicitly recognized in Insurance Co. of North America v. Hippert, 354 Pa. Super. 333, 511 A.2d 1365 (1986), which was decided under the No-fault Act. In that case, the Superior Court enforced an exclusion clause that denied basic loss benefits for accidents involving a vehicle owned by the named insured but not insured under the policy. The named insured owned a car and a truck, but only the car was insured. The named insured‘s brother was injured while driving the truck, and received benefits under Pennsylvania‘s statutory assigned claims plan. See
The insurer refused reimbursement, citing the exclusion clause. The court enforced the clause and denied recovery, relying on the public policy underlying the compulsory insurance provisions of the No-fault Act. The court recognized the “free rider” problem, stating that enforcement of the clause “would allow [the insured] to pay premiums on insurance for one vehicle while actually receiving coverage on two vehicles.” Id. at 339, 511 A.2d at 1368. It found that “[t]he potential for abuse is staggering.” Id. at n. 4. The court also stressed that the No-fault Act provided various penalties for owners of uninsured vehicles involved in accidents, and held that “[e]ven the most liberal statutory interpretation could not allow us to hold the exclusionary clause invalid without weakening the impact of the Act‘s purpose.” Id. at 340, 511 A.2d at 1368.
We believe the MVFRL‘s policy of penalizing uninsured drivers is similar to that of the No-fault Act. We recognize that when enacting the MVFRL, the legislature repealed some mandatory insurance provisions of the No-fault Act, and rejected an amendment that would have created even stricter requirements. See House Journal, Dec. 13, 1983 at 2139-59 (rejecting amendment offered by Rep. Murphy); Senate Journal, Oct. 4, 1983 at 1147-53. The district court inferred from these actions that the legislature endorsed the reasoning in Bankes, and intended that uninsured and underinsured motorist coverage serve as an alternative method of ensuring compensation for innocent victims of financially irresponsible motorists.
We do not believe the legislature intended to endorse this reasoning. As we have noted, this rationale does not translate to the underinsured motorist situation, as Guilfoil was not financially irresponsible. In addition, the MVFRL did not abandon compulsory insurance. See J. Ronca, L. Sloane & J. Mundy, Pennsylvania Motor Vehicle Insurance: An Analysis of the Financial Responsibility Law § 16.2 (1986) (noting that as originally enacted, the MVFRL was a hybrid between a pure financial responsibility law and a strict mandatory insurance law). As originally enacted, the MVFRL embodied a policy of encouraging insurance by imposing sanctions after an accident or traffic violation has occurred, rather than by enforcing universal insurance requirements. The denial of first party benefits to owners of uninsured vehicles, even when the uninsured vehicle is inoperable and the claimant is not at fault, suggests the MVFRL‘s powerful deterrence policy. See Kresge v. Keystone Ins. Co., 389 Pa. Super. 548, 567 A.2d 739 (1989); Allen v. Erie Ins. Co., 369 Pa. Super. 6, 534 A.2d 839 (1987). The MVFRL also penalizes motorists who fail to demonstrate proof of financial responsibility when they are convicted of a traffic offense, or are involved in an accident.
We reach this conclusion regardless of whether
IV. CONCLUSION
We predict the Supreme Court of Pennsylvania would hold that enforcement of the Household Exclusion Clause in this case would not conflict with Pennsylvania‘s public policy as expressed in the Motor Vehicle Financial Responsibility Law. Consequently, we believe that court would find that Hampton is not entitled to underinsured motorist benefits. We will therefore reverse the order of the district court and remand for proceedings consistent with this opinion.
MANSMANN, Circuit Judge, concurring.
Because I agree that the Supreme Court of Pennsylvania would hold that enforcement of the Household Exclusion Clause in this case would not conflict with Pennsylvania‘s public policy as expressed in the Motor Vehicle Financial Responsibility Law,
Wolgemuth involved a guest passenger who was killed in a single vehicle accident. Because the guest passenger was a person covered under the terms of the motor vehicle insurance policy applicable to the host vehicle, Harleysville Mutual Insurance Company paid the full amount of the liability coverage to the administrator of the decedent‘s estate. Harleysville then denied the administrator‘s claim for underinsurance benefits. The express terms of the policy precluded recovery of underinsured motorist benefits under such circumstances because the involved vehicle could not be an “underinsured motor vehicle“, as that term was defined in the policy. The estate administrator argued that such an exclusion violated public policy and was contrary to the express provisions and intent of the Act.
The Superior Court first concluded that the policy exclusion did not violate the public policy of Pennsylvania because the Act “contains no indication of policy clear enough to void a plain, unambiguous provision in an insurance contract....” Wolgemuth, 535 A.2d at 1150 (quoting Antanovich v. Allstate Insurance Co., 507 Pa. 68, 76, 488 A.2d 571, 575 (1985)). The Court
By applying the factors considered in Wolgemuth to the policy exemption before this court, I would reach a similar result. First, the Act does not contain an indication of policy clear enough to void a plain, unambiguous provision in an insurance contract. The Household Exclusion Clause is plain and unambiguous. Second, enforcement of the policy exclusion is consonant with the two major considerations behind the repeal of the No-fault Act. The exclusion serves to keep insurance costs down because the insurer can calculate the extent of its risk as limited to those family vehicles that it has insured, rather than to an indeterminate number of the insured‘s family‘s vehicles. The exclusion also encourages parties to insure all of their vehicles or to risk exclusion from underinsurance benefits. Third, the consequences of declaring the exclusion void are obvious. A party owning several vehicles would be encouraged to insure only one of them since he would be fully protected for uninsured and underinsured motorist coverage for the remaining vehicles without paying extra premiums. Certainly, such a consequence militates against an interpretation voiding the policy exclusion.
Consequently, because Wolgemuth is a recent Pennsylvania Superior Court en banc decision and provides an analysis which, when applied, supports our decision not to void the Household Exclusion Clause, I would place great weight on the Wolgemuth decision.
SCIRICA
CIRCUIT JUDGE