Amica Mut. Ins. Co v. Fogel, No. 10-3611 (3d Cir. 2011)Annotate this Case
The company issued the family auto insurance when they lived in New Jersey. The family moved to Pennsylvania, and made the company aware of the permanent relocation, before being involved in a traffic accident in Pennsylvania that killed one member of the family and injured others. The policy of the other driver has paid its limit. New Jersey law limits personal injury protection claims to $250,000 per person; under Pennsylvania law the family would be entitled to "stacked" underinsured motorist benefits. The district court granted the company declaratory relief, finding that New Jersey law applied to the contract. The Third Circuit remanded holding that Pennsylvania’s choice-of-law rules do not apply, but that New Jersey choice-of-law rules point to Pennsylvania law as governing the dispute. The court affirmed the grant of summary judgment to the company on a counterclaim alleging that it engaged in a bad faith denial of insurance coverage.
The court issued a subsequent related opinion or order on December 9, 2011.