Brown v. Cooke

Brown v. Cooke

Opinion

 [*232]  OPINION BY POPOVICH, J.:

Filed February 24, 1998

This is an appeal from the judgment of the Court of Common Pleas of York County, entered on February 27, 1997. Wherein, appellant complains that the lower court erred when it granted judgment on the pleadings. Appellant disputes the lower court's determination that he executed a general release which did not reserve his "right to proceed against any claim or claims that may be covered by and through a policy with Allstate Insurance Company … which was issued to LARY W. COOKE." Upon review, we are convinced that the lower court erred when it granted judgment on the pleadings on the grounds that appellant had executed a general release in this action. Accordingly, we affirm in part, reverse in part and remand for further proceedings in accordance with this opinion.

In his complaint, appellant alleged he [**2]  was injured when the van in which he was a passenger was struck by a vehicle operated negligently by Larry Cooke. Appellant further alleged the vehicle operated by Cooke was owned by Bob's Deals on Wheels Auto Sales, and that Cooke was operating the vehicle in course of his business. Appellant also alleged that Cooke was a partner in the auto dealership.

In August of 1994, appellant received $ 279,481.97 from the Travelers Insurance Company in consideration for executing the release at issue. Travelers had issued the primary automobile insurance policy to Larry Cooke which was in effect at the time of the accident. Larry Cooke also maintained an insurance policy with Allstate Insurance Company which provided for excess coverage and which was also in effect at the time of the accident.

Sometime after executing the release, appellant presented a claim to Allstate for excess coverage. Appellees then filed a motion for judgment on the pleadings which alleged that appellant had executed a general release of all parties. Although appellees acknowledged in their motion that appellant had preserved a direct action against Allstate, appellees argued that no such cause of action is recognized [**3]  in Pennsylvania. Appellant argued that the release did not relinquish all claims against all defendants, but rather was intended to release all claims, except those claims against Larry Cooke which were covered by the Allstate policy.

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