holding that under Pennsylvania law, written waivers are subject to the general law of contracts
How later courts described this case
- holding that under Pennsylvania law, written waivers are subject to the general law of contracts
- where release did not identify appellee insurance company as a party being discharged from claims, the only reasonable interpretation of the release was that the insured did not intend to release insurance company from its contractual obligations
- policy defined “underinsured vehicle” as one with minimum liability coverage required by law but where such is less than the limit of underinsurance coverage carried by insured
- "We conclude that in the absence of unequivocal language to the contrary, a general release of a third party tortfeasor will not be held to discharge the separate contractual obligation of an insurance carrier to provide underinsurance benefits.”
Written by the judges who cited it.
Distinguished
Distinguished by Barnes v. Ream, 50 Pa. D. & C.3d 538 (1988)
The issue before the Sparler court is distinguishable in that plaintiff was seeking to institute subsequent action against his own insurance company for under-insured benefits, not seeking additional recovery from the same party..
The opinion
JOHNSON, Judge,
concurring:
I agree with the majority that Sparler’s third party recovery was in excess of, and had to be set off against, the underinsured motorist coverage provided by Fireman’s policy. Haegele v. Pennsylvania General Ins. Co., 330 Pa.Super. 481, 490-93 , 479 A.2d 1005, 1010-11 (1984); Votedian v. General Acc. Fire & Life Assur. Corp., 330 Pa.Super. 13, 19-20 , 478 A.2d 1324, 1328 (1984). I also agree that we are required to affirm the trial court’s judgment if it was correct for any reason.
Since the amount of the third party recovery exceeded the amount Fireman’s agreed to pay, Fireman’s has no further liability and that should end the matter. I, therefore, would not reach or seek to determine whether a general release of a third party tortfeasor would discharge the obligations of an insurance carrier under its policy.
CAVANAUGH, J., joins.