The Herald, Sharon, Pa.

Local News

December 31, 2007

Superior Court refuses to hear insurance coverage dispute

By Joe Pinchot

SHENANGO VALLEY — State Superior Court has refused a request to hear an appeal stemming from a civil suit filed in response to a car crash in Hermitage.

Michelle Zager, 709 Bedford Road, Shenango Township, suffered whiplash and related injuries when her car was rear-ended Nov. 21, 2003, at East State Street and the Shenango Valley Freeway by a car driven by Kenneth Slicker, 1462 Sharon-Bedford Road, Shenango Township.

Ms. Zager sued Slicker and the owners of the car he was driving, Jacqueline and William Ferguson of Pulaski.

A dispute arose over the State Farm Insurance form used when Ms. Zager bought her auto policy. She said she did not knowingly select limited tort coverage, a less expensive coverage that limits a person’s right to sue and seek money for injuries caused by other drivers.

With limited tort coverage, a person can seek reimbursement for medical and other out-of-pocket expenses, but not for pain and suffering and other nonmonetary damages, unless the injuries are serious, said Mercer County Common Pleas Judge Thomas R. Dobson in the disputed Oct. 3 ruling.

Ms. Zager said the State Farm form did not comply with state law; therefore, she selected full tort coverage.

Dobson said the law provides no remedy when an insurer does not comply with technical requirements of a law.

Ms. Zager alleged that the defendants were reckless and negligent. She has been seeking money for mental and physical suffering, and loss of life enjoyment, earning capacity and other factors.

The Superior Court refusal to hear the case does not end it, and Dobson was only ruling on the dispute over Ms. Zager’s insurance coverage.

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