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Safe auto11/10/2023 ![]() ![]() The trial court granted summary judgment in favor of Safe Auto, finding the URDE unambiguous, valid, and enforceable, and concluding that Safe Auto has no duty under the Policy to defend or indemnify Dixon in the underlying personal injury lawsuit. On May 13, 2015, Safe Auto filed a complaint against Dixon, Policyholder, and Appellants, seeking a declaratory judgment regarding the enforceability of the URDE with respect to Dixon. Jimenez and her husband Luis (collectively, “Appellants”) filed a personal injury lawsuit against Dixon, Policyholder, and Licona-Avila. It is undisputed that Dixon was not listed as an additional driver on the Policy. Policy, at 6 (Reproduced Record (“R.R.”) at 43a). That occurs while your covered auto is being operated by a resident of your household or by a regular user of your covered auto, unless that person is listed as an additional driver on the Declarations Page. Specifically, the URDE at issue provides: PART 1 - LIABILITY COVERAGE EXCLUSIONS LIABILITY COVERAGE AND OUR DUTY TO DEFEND DO NOT APPLY TO BODILY INJURY OR PROPERTY DAMAGE: 1. The Policy contains a URDE, which excludes from coverage any individuals who live with, but are not related to, the policyholder, and whom the policyholder does not specifically list as an additional driver on the insurance policy. At the time of the accident, Dixon resided with Policyholder, who had purchased a personal automobile insurance policy (“Policy”) for his vehicle through Safe Auto Insurance Company (“Safe Auto”). On April 29, 2013, Rachel Dixon was driving a car owned by her boyfriend, Rene Oriental-Guillermo (“Policyholder”), when she was involved in an accident with a vehicle in which Priscila Jimenez was a passenger, and which was owned by Iris Velazquez, and operated by Alli Licona-Avila. Accordingly, we affirm the order of the Superior Court. For the reasons that follow, we conclude that the URDE at issue in this case is enforceable. 2015-C1547 ARGUED: DecemOPINION JUSTICE TODD DECIDED: AugIn this appeal by allowance, we consider the enforceability of an unlisted resident driver exclusion (“URDE”) in a personal automobile insurance policy. 32 affirming the Order of the Court of Common Pleas of Lehigh County, Civil Division, dated Septemat No. Appeal from the Order of the Superior Court dated Septemat No. : : : RENE ORIENTAL-GUILLERMO, RACHEL : DIXON, PRISCILA JIMENEZ, LUIS : JIMENEZ, ALLI LICONA AVILA AND IRIS : VELAZQUEZ : : : APPEAL OF: PRISCILA JIMENEZ & LUIS : JIMENEZ : No. IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ. The Pennsylvania Supreme Court concurred the URDE at issue in this case was enforceable, and affirmed the Superior Court. The Superior Court affirmed the order of the trial court in a divided, published opinion. Appellants timely appealed to the Superior Court, arguing: (1) the trial court erred in holding the URDE was valid and enforceable (2) that the URDE violated the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”) and (3) that the URDE violated public policy. The trial court granted summary judgment in favor of Safe Auto, finding the URDE unambiguous, valid, and enforceable, and concluding that Safe Auto had no duty under the Policy to defend or indemnify Dixon in the underlying personal injury lawsuit. The Policy contained an unlisted resident driver exclusion (“URDE”), which excluded from coverage any individuals who lived with, but were not related to, the policyholder, and whom the policyholder did not specifically list as an additional driver on the insurance policy. In 2013, Rachel Dixon was driving a car owned by her boyfriend, Rene Oriental-Guillermo (“Policyholder”), when she was involved in an accident with a vehicle in which Priscila Jimenez was a passenger, and which was owned by Iris Velazquez, and operated by Alli Licona-Avila. ![]()
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