MacMiles, LLC v. Erie Insurance Exchange ( 2022 )

J-EO1001-22
2022 PA Super 203MACMILES, LLC D/B/A GRANT IN THE SUPERIOR COURT OF
STREET TAVERN PENNSYLVANIA
V.
ERIE INSURANCE EXCHANGE
No. 1100 WDA 2021
Appellant
Appeal from the Order Entered May 25, 2021
In the Court of Common Pleas of Allegheny County Civil Division at
No(s): GD 20-007753
BEFORE: PANELLA, P.J., BENDER, P.J.E., BOWES, J., LAZARUS, J., STABILE,
J., KUNSELMAN, J., NICHOLS, J., McLAUGHLIN, J., and KING, J.
CONCURRING STATEMENT BY PANELLA, P.J.: FILED: NOVEMBER 30, 2022
Irespectfully concur with the result reached by the majority although I
do not join in the opinion. Ireach this conclusion, which is different from the
relief Igrant in the related case, Ungarean eta/v. CNA et al, Nos. 490 WDA
2021 & 948 WDA 2021 ( Pa. Super. 2022), because these cases, in which the
Court must address coverage issues, are fact intensive matters which require,
in each case, a review of the individual policy. We must base our decision
solely on the policy's language. Therefore, Iwrite separately to highlight that
our review of MacMiles's claims is restricted to the " specific terms employed"
in Erie's policy. See Harleysville Ins. Cos. v. Aetna Cas & Sur. Ins. Co.,
795 A.2d 383, 387 ( Pa. 2002).
Judges Lazarus, Kunselman, and Nichols join this concurring statement.