Whether the trial court erred in finding the auto insurance policy did not cover damages caused by Melody Berlin in an auto accident where the policy specifically and expressly excludes damages such as exemplary damages but fails to specifically exclude consequential damages Brief for Cross Appellant, Appellee Melody Berlin, at 8-9. Whether the trial court erred in finding the insurance policy issued by Safe Auto Insurance Company to Melody Berlin is unambiguous when the definitions that explain what damages are covered use the same word it is defining in its definition and where the definitions reference other definitions until the definitions come full circle back to the original term? 2. Berlin characterizes the questions for our review as follows: -3- J. Berlin and the Hose Company then filed these companion appeals raising similar questions on appeal. DiSantis, Jr., accepted Safe Auto s interpretation of the policy, granting its motion for summary judgment and denying those filed by Berlin and the McKean Hose Company. Safe Auto argued to the contrary that McKean Hose Company sustained neither property damage nor consequential damages recognized by the policy and that the expenses it sustained are merely its costs of operation and are not covered by the policy language. McKean Hose Company argued similarly that the language of the policy is circular and therefore ambiguous, requiring that its claim be accepted as one for covered property damage. Berlin asserted, as she does in this appeal, that the costs incurred by McKean Hose Company are consequential damages not specifically excluded by the language of Safe Auto s policy that must, therefore, be included as property damage covered by the policy. Following discovery, all parties filed motions for summary judgment. In addition, McKean Hose Company filed a cross-claim against Berlin seeking payment of the amount alleged due for emergency services and Berlin filed a corresponding response denying liability. ♣ Safe Auto s complaint named both Berlin and McKean Hose Company as defendants and both filed answers and new matter. A30008/09 after Safe Auto had commenced the underlying action and served process on the Hose Company. Thus, this memorandum is intended to resolve all claims at both docket numbers. Accordingly, we have consolidated their appeals, sua sponte. The parties engaged in no further communication until February 11, 2008, 1 The respective defendants raise substantially similar issues on appeal. When Safe Auto did not respond, the recovery service followed up with a second invoice dated June 28, 2007. One week after the rescue, on April 10, 2007, the Hose Company attempted, through Pennsylvania Fire Recovery Services, to obtain reimbursement for that amount from Safe Auto, billing the company for coverage under Berlin s policy. The supplies expended were valued at $1,194. During the course of the rescue, the Hose Company used emergency equipment and supplies including eight flares, two hand lights, four hand tools, one generator, one set of cribbing and a hose truck. The Hose Company s claim arises out of a single vehicle auto accident in which Berlin s car skidded off the road, requiring emergency rescue. Accordingly, we affirm the trial court s entry of declaratory judgment.1 ♢ McKean Hose Company is a volunteer firefighting company that provides emergency services to McKean Township, Erie County. Upon review of the policy s language, we find no merit in the Appellants claims. The Appellants contend that the language of Safe Auto s policy is ambiguous and that when interpreted in favor of the insured, the policy mandates the extension of Berlin s coverage to the expenses the Hose Company incurred. A30008/09 emergency rescue it conducted on Berlin s behalf. OPINION BY BENDER, J.: ♡ Filed: MaMelody Berlin and McKean Hose Company (collectively, the Appellants) appeal the trial court s entry of a declaratory judgment in favor of Safe Auto Insurance Company (Safe Auto) determining that Safe Auto has no obligation to reimburse the McKean Hose Company for the cost of an *Former Justice specially assigned to the Superior Court. 2008-10588 BEFORE: BENDER, SHOGAN and FITZGERALD*, JJ. 4 Appeal from the Order Entered DecemIn the Court of Common Pleas of Erie County Civil Division at No. : : MELODY BERLIN AND MCKEAN HOSE : COMPANY, : : Appellant : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 2008-10588 SAFE AUTO INSURANCE COMPANY, : : Appellee : : v. 3 Appeal from the Order Entered DecemIn the Court of Common Pleas of Erie County Civil Division at No. A30008/09 2010 PA Super 31 SAFE AUTO INSURANCE COMPANY, : : Appellee : : v.
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