# Sparler v. Fireman's Insurance Co. of Newark

> Supreme Court of Pennsylvania · February 4, 1987 · 360 Pa. Super. 597

URL: https://www.frixlaw.com/law-library/cases/9729280

## Case

- **Full name:** Kenneth J. SPARLER, Appellant, v. FIREMAN’S INSURANCE COMPANY OF NEWARK, NEW JERSEY, Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** February 4, 1987
- **Citations:** 360 Pa. Super. 597; 521 A.2d 433; 1987 Pa. Super. LEXIS 7000
- **Precedential status:** Published
- **Opinion:** Concurrence by Johnson
- **Judges:** Cirillo, Cavanaugh, Wickersham, Rowley, Wieand, Olszewski, Sole, Popovich, Johnson
- **Cited by:** 59 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9729280

## How later opinions describe it (automated extraction)

- holding that under Pennsylvania law, written waivers are subject to the general law of contracts

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9729280. Public record. Not legal advice.