# Bierer v. Nationwide Insurance

> Superior Court of Pennsylvania · April 29, 1983 · 314 Pa. Super. 397

URL: https://www.frixlaw.com/law-library/cases/9767178

## Case

- **Full name:** Karen C. BIERER, Administratrix for the Estate of Daniel R. Bierer, III., and Karen C. Bierer, Individually and as Beneficiary v. NATIONWIDE INSURANCE COMPANY, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** April 29, 1983
- **Citations:** 314 Pa. Super. 397; 461 A.2d 216; 1983 Pa. Super. LEXIS 2971
- **Precedential status:** Published
- **Opinion:** Dissent by Voort
- **Judges:** Popovich, Montgomery, Van Voort
- **Cited by:** 5 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/9767178

## Opinion text

VAN der VOORT, Judge,
dissenting:
I respectfully dissent. I believe that the majority is *407 unnecessarily extending Collister, 1 While his dissenting opinion in Collister creates no precedent and cannot be cited as authority, the majority in the instant case are rewriting the contract and in this situation Justice Pomeroy’s words are aptly written in Collister as follows: “It is not the function of a court to rewrite express and unambiguous terms in a contract to comport with what that court might deem a fairer result in a particular situation ____ This presumably elementary aspect of the law of contracts is not changed because the contract pertains to insurance.” Collister, 479 Pa. at 604, 388 A.2d 1346 .
. Collister v. Nationwide Life Insurance Co., 479 Pa. 579 , 388 A.2d 1346 (1978), cert. denied, 439 U.S. 1089 , 99 S.Ct. 871 , 59 L.Ed.2d 55 (1979).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9767178. Public record. Not legal advice.