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Case Law Alerts

Middle District Upholds Regular Use Exclusion in the Wake of Rush and Takes One Step Further

Dayton v. The Automobile Ins. Co. of Hartford, Connecticut, 2024 WL 1745041 (M.D. Pa. Apr. 23, 2024)

Datyon was injured while operating his employer’s vehicle and subsequently submitted a claim for underinsured motorist benefits to his personal auto insurer, The Automobile Insurance Company of Hartford, Connecticut, which denied his claim based upon the regular use exclusion in the UIM policy. Dayton brought suit, which was removed to the Middle District. The insurer filed a motion for summary judgment. Upon consideration, the Middle District stayed the litigation pending the opinion from the Pennsylvania Supreme Court in the Rush v. Erie Ins. Exch. case, which would resolve the validity of regular use exclusions such as those found in the policy in the Dayton case.

Following the Supreme Court’s opinion in Rush upholding the regular use exclusion, the Middle District lifted the stay, and both parties filed supplemental briefs addressing the Rush opinion and its impact on the Dayton case.

Dayton, pointing to Judge Wecht’s minority opinion in Rush, argued and Judge Mannion agreed that the Supreme Court failed to address the argument that regular use exclusions violated Section 1738 of the MVFRL (stacking of UM/UIM coverage is required absent a valid waiver). The court, however, looked to another Supreme Court case—Erie Ins. Exch. v. Mione, a progeny of the much-discussed Gallagher decision—to predict how the Supreme Court would rule were it to directly address whether regular use exclusions violated Section 1738 and acted as impermissible de facto stacking of coverage waivers. In Mione, the Supreme Court determined that, where there was no UIM coverage on the vehicle involved in the accident, the household vehicle exclusion in a UIM policy could be enforced on another vehicle owned by the insured as there was no stacking involved in the first instance.

Applying the reasoning of Mione, Judge Mannion ultimately determined that, since Dayton was not a named insured on the policy insuring the vehicle he was operating at the time of the accident (which was owned by his employer), Section 1738 does not entitle him to stack his personal auto UIM insurance on the policy covering that vehicle. As Dayton was not permitted to stack these UIM policies, the regular use exclusion did not act as a de facto waiver of stacked coverage. Judge Mannion, therefore, concluded that the enforcement of the regular use exclusion does not violate Section 1738 and granted summary judgment in favor of the insurer. No appeal was taken from this decision. 


 

Case Law Alerts, 3rd Quarter, July 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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New Jersey Appellate Division Affirms Recreational Immunity for County Under Landowners' Liability Act

In a recent unpublished decision in Matthew Kuzma, etc. v. Middlesex County Parks Department, et al., the New Jersey Appellate Division affirmed summary judgment in favor of Middlesex County Parks Department, holding that the county was immune from liability under New Jersey's Landowners' Liability Act (LLA), notwithstanding its failure to plead the immunity as an affirmative defense in its answer to the Complaint. The case arose from injuries sustained by fourteen-year-old plaintiff, Matthew Kuzma, while playing basketball at Spring Lake Park in South Plainfield on August 23, 2019. The plaintiff observed a crack in the basketball court before beginning to play but did not consider it dangerous. During the game, his foot became caught in the crack, causing him to fall and suffer a significant ankle injury. The plaintiff alleged that the injury resulted in ongoing physical limitations and deprived him of the opportunity to play collegiate basketball. The plaintiff filed suit alleging that the defendants negligently maintained the basketball court. Although the county did not assert LLA immunity as an affirmative defense in its answers, it later moved for summary judgment on that basis. The plaintiff opposed the motion, arguing that the county had waived the defense by failing to plead it. The county maintained that the plaintiff had received sufficient notice of its intent to rely on the LLA through discovery and therefore suffered no unfair surprise or prejudice. The trial court agreed and granted summary judgment, concluding that the county should be permitted to invoke statutory immunity notwithstanding its failure to formally plead the defense. Relying heavily on the New Jersey Supreme Court's guidance in Arias v. Cnty. of Bergen, holding a county park was subject to the immunity of the LLA, the Appellate Division affirmed, holding that the county's failure to plead LLA immunity did not preclude reliance on the defense under the circumstances presented. The court determined that the plaintiff had received adequate notice of the immunity claim through discovery and that permitting the defense furthered the public-policy objectives embodied in the LLA. In affirming dismissal, the Appellate Division acknowledged the seriousness of the plaintiff's injury and the general societal interest in maintaining parks and recreational facilities in a safe condition. However, the court emphasized that both the legislature and the New Jersey Supreme Court have expressed a clear policy choice to limit liability for public and private landowners who make recreational property available for public use. The decision reinforces the courts' continuing adherence to the Landowners' Liability Act and the principle that recreational lands and facilities should be broadly protected from liability exposure, even in cases involving significant personal injuries.