Erie Insurance Exch. v. Montesano, C. ( 2022 )

J-A24024-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
ERIE INSURANCE EXCHANGE : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
CHRISTIANA MONTESANO, : No. 262 EDA 2021
ANTHONY MONTESANO, AND DONNA :
MONTESANO :
Appeal from the Judgment Entered March 30, 2021
In the Court of Common Pleas of Montgomery County Civil Division at
No(s): No. 2016-13318
BEFORE: LAZARUS, J., DUBOW, J., and PELLEGRINI, J.*
MEMORANDUM BY LAZARUS, J.: FILED FEBRUARY 24, 2022
Erie Insurance Exchange (Erie) appeals from the judgment,1 entered in
the Court of Common Pleas of Montgomery County, in favor of Appellees,2
Christiana Montesano, Anthony Montesano, and Donna Montesano
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* Retired Senior Judge assigned to the Superior Court.
1While Erie purports to appeal from the December 31, 2020 order denying its
motion for post-trial relief, the appeal properly lies from the subsequent entry
of judgment on the trial court’s verdict. See U.S. Bank, N.A. v. Pautenis,
118 A.3d 386, 388 n.2 (Pa. Super. 2015) (providing appeal to Superior Court
can only lie from judgment entered after trial court’s disposition of post-verdict
motions, not from order denying post-trial motions). We have amended the
caption accordingly.
2 The trial court dismissed Erie’s claims against defendant, GEICO General
Insurance Company, on October 27, 2016, when it granted GEICO’s motion
for judgment on the pleadings. Thus, GEICO is not a party to the instant
appeal.
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(collectively, Appellees), after the trial court entered a verdict in favor of
Appellees in the amount of $200,000.00. Because the trial court correctly
concluded that Christiana is a “resident,” as defined by Erie’s insurance policy,
we affirm.
Christiana’s father, Anthony, and Christiana’s mother, Doris Krupp,
divorced when Christiana was two years old. Christiana lived with Anthony
and her step-mother, Donna, in their Boyertown, Montgomery County
residence (Boyertown Home), from her birth through her graduation from high
school in 2013. Christiana would visit Krupp, who lives in Mims, Florida, for
one month every summer and for one week every other Christmas.
At the time of the underlying accident, Anthony and Donna owned three
motor vehicles; each vehicle was insured by Erie under a Family Auto
Insurance Policy (Policy). Under the Policy, the term “resident” is defined as
“a person who physically lives with ‘you’ in ‘your’ household on a regular
basis.” Erie Insurance Policy, 2/14/13, at 4. The Policy also states that
“‘[y]our’ unmarried, unemancipated children attending school full time, living
away from home, will be considered ‘residents’ of ‘your’ household.” Id.On August 3, 2013, following an argument3 with Anthony and Donna
and without their knowledge, Christiana left the Boyertown Home and flew to
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3 Christiana testified that the argument stemmed from her seeing an older
paramour that Anthony and Donna did not approve of and Christiana lying to
them about staying at a girlfriend’s house for the weekend, when she was with
the paramour. Id. at 23; see id. at 82 (Donna testifying that “they had an
(Footnote Continued Next Page)
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Mims, Florida, and stayed with Krupp. Christiana had not talked to Krupp
since 2011.4 Christiana took “[s]ome clothing and a couple of shoes,
deodorant, [a] toothbrush, toothpaste[, and] underwear” from the Boyertown
Home with her to Florida. N.T. Non-Jury Trial, 3/2/20, at 26. Christiana did
not take her computer or any jewelry to Florida and did not make any
arrangements to have those items shipped from the Boyertown Home to
Florida.5 Christiana retained her key to the Boyertown Home and continued
to receive mail there. Id. at 91.
In Florida, Christiana slept on the couch in Krupp’s two-bedroom trailer
home, with Christiana’s two sisters and five dogs and three cats, for
approximately one month. N.T. Non-Jury Trial, 3/2/20, at 26. While in
Florida, Christiana obtained a state-issued driver’s license and registered to
vote.
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argument about the fact that she had lied as to where she was and who she
was with, [and with] whom she had spent the weekend.”). Christiana also
testified that because Anthony and Donna told her they “couldn’t trust [her]
on foot, [then they] they couldn’t’ trust [her] in a car, so they weren’t going
to take [her] for [her] license.” Id. at 23; Id. 82 (Donna testifying she and
Anthony did not trust Christiana after she lied to them so they would not let
her get driver’s license).
4 Christiana testified that the reason she had not spoken to her mother in
years was because her mother got upset with her after Christiana told her
father that her sister planned to stay in Florida with her mother after they last
visited in 2011. N.T. Non-Jury Trial, 3/2/20, at 24, 25.
5 At the time she left to go to Florida, Christiana had a Pennsylvania-state-
issued driver’s learning permit.
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“Seeking a change of scenery,” id. at 29, Christiana left Krupp’s home
in September 2013 to visit her maternal grandparents in Warrior, Alabama.
Id. Upon her arrival in Alabama, Christiana obtained an Alabama-state-issued
driver’s license, transferred her voter registration, and purchased a new
month-to-month cell phone plan through an Alabama wireless service
provider. Christiana’s grandmother, Robin Lee Jafolla (Jafolla), permitted
Christiana to drive the Jafollas’ vehicle, which was insured by GEICO.
Christiana had her own bedroom in the Jafollas’ house and worked part-time
in a local retail store. Although Christiana considered getting a massage
therapy license in Alabama and received mail from local technical schools at
the Jafollas’ home, she did not enroll in any program in Alabama. Id. at 32.
In early December 2013, Christiana returned, with Krupp, to Boyertown,
Pennsylvania, to be deposed in an unrelated lawsuit. During this visit,
Christiana stayed at a hotel. Christiana did, however, visit the Boyertown
Home for dinner. At dinner, Christiana reconciled with Anthony and Donna
and told them that she “wanted to come back home.” Id. at 38. Christiana
decided that she would take her scheduled flight back to Alabama to retrieve
her personal items and then return to the Boyertown Home sometime in
January. Id. at 39, 44, 46.
Christiana returned to Alabama after her short visit to Pennsylvania and
decided to drive back to Florida with Krupp from Alabama after they celebrated
the Christmas holiday with the Jafollas. Christiana planned to fly home to
Pennsylvania from Orlando on January 8, 2014. Id. at 41, 48, 81. However,
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on her drive to Florida on January 2, 2014, Christiana sustained injuries in a
motor vehicle accident near Tallahassee, Florida, while a passenger in Krupp’s
Dodge Caravan.6 Following the accident, Christiana presented a claim for
underinsured motorist benefits (UIM) to Erie under the Policy. Erie
investigated Christiana’s claim for UIM benefits and ultimately concluded that
Christiana did not qualify as a “resident” of the Boyertown Home because she
had not been physically living there on a regular basis at the time of the
accident.7
On July 1, 2016, Erie filed a declaratory judgment action seeking
interpretation of the Policy and a determination that, pursuant to the language
of the Policy, Erie was not obligated to provide UIM coverage to Christiana.
On September 15, 2016, Appellees filed a response to Erie’s complaint and
asserted a counterclaim for declaratory relief. Appellees asserted a right to
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6 Krupp and Christiana’s sister, Melissa Ann, were also in the vehicle at the
time of the accident. Tragically, Krupp was fatally injured in the accident.
Christiana spent two weeks in a Florida hospital and two weeks in a Florida
rehabilitation facility following the accident, ultimately returning to
Pennsylvania in March 2014, once she could put full weight on both of her
legs. Id. at 49.
7 With respect to UIM benefits, the Policy provided coverage for:
a person who physically lives with a [named insured] in [a
named insured’s household] on a regular basis. [A named
insured’s] unmarried, unemancipated children attending
school full time, living away from home, will be considered
“residents” of [a named insured’s] household.
Erie Insurance Policy, 2/14/13, at 4.
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UIM coverage based on Christiana’s status as a resident physically living in
the Boyertown Home on a regular basis,8 claimed that the Policy did not
require that Christiana physically live in the Boyertown Home at the time of
the accident for coverage to attach, and characterized Christiana’s stay in
Florida and Alabama as a “teenager’s extended but temporary visit [with] her
mother and grandmother.” Answer and Counterclaim, 9/15/16, at ¶ 38.
The parties filed cross-motions for summary judgment. On September
19, 2018, the trial court denied the motions, concluding that, in this “fact
intensive inquiry,” the existence of genuine issues of material fact precluded
entry of judgment as a matter of law in favor of either party. Order, 9/19/18,
at 1 n.1. On December 18, 2019, the parties entered into a stipulation, later
approved by court order, providing that the court decide whether Christiana
qualifies as an insured under the Erie Policy. Stipulation and Order, 12/18/19.
Pursuant to the stipulation, if the court determined that Christiana qualified
as an insured, Erie would be liable for $200,000.00 representing the full
amount of the UIM policy limits. Id.
The trial court held a bench trial on March 2, 2020, at which Christiana,
Donna, and Jafolla testified. After considering the testimony, which the court
found credible,9 as well as the evidence presented and the parties’ post-trial
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8Appellees conceded that the Policy did not define the term “regular basis.”
Id. at ¶ 9.
9 See N.T. Non-Jury Trial, 4/26/21, at 33 (“This court found the witnesses
very credible.”).
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memoranda, the trial court found in favor of Appellees and against Erie,
concluding that Christiana qualified as an insured under the Policy language
and ordering Erie to pay Appellees $200,000.00, representing the full amount
of the Policy limits. See Order, 9/1/20.
In its decision, the court specifically found that Christiana had been
merely a “houseguest” at the Krupp and Jafolla homes. Trial Court Decision,
9/1/20, at ¶ 94. It concluded that, at the relevant time, Christiana had been
living in the Boyertown Home on a regular basis based on the following, non-
exhaustive list of factors:
• Christiana maintained a bedroom at her Boyertown home;
• With the exception of a few articles of summer clothing,
shoes and toiletries, Christiana left behind her computer,
bed, desk, suitcases, jewelry, [and] shoes to go visit
[Krupp] and then [the Jafollas] in August of 2013;
• She took meals at her Boyertown home for nineteen (19)
years before leaving to visit, and then again in early
December of 2013[,] and again in March of 2014 through
2016;
• Christiana continued to receive mail at her Boyertown home
that was never forwarded;
• Christiana maintained a key to [the] Boyertown house;
• She obtained a driver’s permit at [the] Boyertown home[,
which] she later used for identification;
• Christiana continuously resided at the [Boyertown H]ome
and spent a significant amount of time there for nineteen
years before leaving to visit [Krupp], returning to the
[Boyertown H]ome in early December of 2013, eating dinner
and spending time in her room;
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• She returned to [the] Boyertown home in early March of
2014[,] and resided there continuously until at least
December of 2016; and
• Christiana’s [tax returns] filed in the years 2013 and 2014
listed the Boyertown address as her residence[.]
Id. at ¶ 92. The court deemed Christiana’s August and September 2013 visits
to the Krupp and Jafolla homes “sporadic and temporary” like her visits to
those residences in prior years. Id. at ¶ 97. Finally, the court concluded that
“[a]lthough as a question of physical fact, Christiana was making her way from
her grandmother’s home to her home in Boyertown at the time of the accident,
for all intents and purposes, her true and permanent residence was the
Boyertown home.” Id. at ¶ 100.
On September 10, 2020, Erie filed a post-trial motion for judgment
notwithstanding the verdict (JNOV) arguing that the trial court’s legal
conclusions were against the weight of the evidence and erroneous as a matter
of law. The trial court denied Erie’s motion and entered judgment in favor of
Appellees. Erie filed a timely appeal and court-ordered Pa.R.A.P. 1925(b)
concise statement of errors complained of on appeal. On appeal, Erie raises
the following issues:
(1) Whether the trial court committed an error of law in finding
that [Christiana] qualified as an insured pursuant to the
terms and provisions of the [Policy] because [Christiana] did
not physically live with [Anthony and Donna] at the time of
the motor vehicle accident and thus was not a resident as
defined by the applicable insurance policy?
(2) Whether the trial court erred by considering [Christiana’s]
“intentions” regarding her residence as opposed to
considering only her physical presence at the time of the
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motor vehicle accident as required by decades of law in the
Commonwealth of Pennsylvania?
(3) Whether the trial court committed an error of law in denying
[Erie’s m]otion for [p]ost-[t]rial [r]elief seeking [JNOV] as
there was insufficient competent evidence to support the
verdict that Christiana [] was a resident as defined by the
applicable insurance policy such that the verdict was against
the law? [10]
(4) Whether the trial court committed an error of law in denying
[Erie’s m]otion for [p]ost-[t]rial [r]elief seeking a new trial
as the court’s verdict was against the weight of the evidence
and did not support the verdict that Christiana [] was a
resident as defined by the applicable insurance policy such
that the verdict was against the law?
(5) Whether the trial court committed an error of law in denying
[Erie’s m]otion for [s]ummary [j]udgment where no dispute
existed in the factual record that [Christiana] failed to meet
the contractual and legal definition of residency for the
purpose of affording insurance coverage?
Appellant’s Brief at 5-7 (footnotes added).
Erie’s first two issues challenge the trial court’s verdict in favor of
Appellees.
Our review in a non-jury case is limited to “whether the findings
of the trial court are supported by competent evidence and
whether the trial court committed error in the application of law.”
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10 Erie has waived its third and fourth issues on appeal due to its failure to
include any argument on the claims, including no citation to relevant legal
authority or legal discussion, in its appellate brief. See Pa.R.A.P 2119(a)
(argument section of brief shall “be divided into as many parts as there are
questions to be argued”); see also In re D.R.-W., 227 A.3d 905, 910-11
(Pa. Super. 2020) (where appellant, in parental termination case, made no
effort in brief to analyze relevant statutory subsections of Adoption Act, failed
to cite or discuss Adoption Act entirely, but instead focused on claim that trial
court terminated parental rights based on mechanical application of section of
Juvenile Act, issue waived due to lack of discussion and no citation to relevant
legal authority).
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Bonenberger v. Nationwide Mut. Ins. Co., [] 791 A.2d 378,
380 ([Pa. Super.] 2002). We must grant the court’s findings of
fact the same weight and effect as the verdict of a jury and,
accordingly, may disturb the non-jury verdict only if the court’s
findings are unsupported by competent evidence or the court
committed legal error that affected the outcome of the trial. See
Terletsky [v. Prudential Property & Casualty Ins. Co.], 649
A.2d [680,] 686 [(Pa. Super. 1994)]. It is not the role of an
appellate court to pass on the credibility of witnesses; hence we
will not substitute our judgment for that of the factfinder. See
Bonenberger, 791 A.2d at 381. Thus, the test we apply is “not
whether we would have reached the same result on the evidence
presented, but rather, after due consideration of the evidence
which the trial court found credible, whether the trial court could
have reasonably reached its conclusion.” Bergman v. United
Servs. Auto. Ass’n, [] 742 A.2d 1101, 1104 ([Pa. Super.] 1999).
Hollock v. Erie Ins. Exch., 842 A.2d 409, 413-14 (Pa. Super. 2004).
As with all questions of law, an appellate court’s review of an insurance
contract is plenary. Burton v. Republic Ins. Co., 845 A.2d 889, 893 (Pa.
Super. 2004). In interpreting the terms of an insurance contract, the
appellate court examines the contract in its entirety, giving all of the
provisions their proper effect. Id. The court’s goal is to determine the intent
of the parties as exhibited by the contract provisions. Id. In furtherance of
its goal, the court must accord the contract provisions their accepted
meanings, and it cannot distort the plain meaning of the language to find an
ambiguity. Id. However, “[w]here a provision of a policy is ambiguous, the
policy provision is to be construed in favor of the insured and against the
insurer, the drafter of the agreement.” Kropa v. Gateway Ford, 974 A.2d
502, 508 (Pa. Super. 2009).
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Erie contends that the trial court incorrectly concluded that Christiana is
an “insured” pursuant to the terms and provisions of the Policy—i.e., that
Christiana was a “resident” of the Boyertown Residence at the time of the
accident. Specifically, Erie argues that, in order for Christiana to be
considered a resident under its Policy, she must have been physically living
with Anthony and Donna at the time of the accident.11 We disagree.
As previously stated, the parties specifically defined the term “resident”
in the Policy as follows:
“[R]esident” is defined as “a person who physically lives with ‘you’
in ‘your’ household on a regular basis.” “‘Your’ unmarried,
unemancipated children attending school full time, living away
from home, will be considered ‘residents’ of ‘your’ household.”
Erie Insurance Policy, 2/14/13, at 4 (emphasis added). Cf. Wall Rose
Mutual Ins. v. Manross, 939 A.2d 958, 965 (Pa. Super. 2007) (when term
not defined in policy, court applies common law definition historically used by
courts of that jurisdiction to arrive at common-sense decision). In Amica
Mut. Ins. Co. v. Donegal Mut. Ins. Co., 545 A.2d 343, 346 (Pa. Super.
1988), our Court construed the language “a resident of your household” to
“limit coverage to those who actually reside in the household of the insured.”
See also Krager v. Foremost Ins. Co., 450 A.2d 736, 738 (Pa. Super. 1982)
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11If we were to accept Erie’s interpretation of the definition “resident”—that
an individual must be physically present at the time of the accident—we would
essentially be ignoring the concept of dual residences. In reality, there are
multiple situations where an individual could have more than one residence at
the same time— for example, a child who spends equal time with divorced
parents under a custody arrangement or individuals who split their time
between permanent and vacation homes.
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(term “resident” in insurance policy, without additional words of refinement,
means “[l]iving in a particular place, requiring only physical presence”). Thus,
we agree with Erie, that if the Policy only defined a resident as “a person who
physically lives with you in your household,” the issue of coverage would be
controlled by where Christiana was physically living at the time of the accident.
However, unlike in Amica, supra, and Krager, supra, here the Policy’s
definition of resident also contains the qualifying phrase, “on a regular basis.”
Erie Insurance Policy, 2/14/13, at 4. The phrase is used to refine the term
“resident” and qualify the phrase “lives with ‘you.’” Id. Erie would have us
find that the Policy language “on a regular basis” is not ambiguous, and that
it “does not change the classical definition of the word ‘residence’ as defined
by years of case law nor can it be considered words of refinement.” See
Appellant’s Brief, at 29. Appellees, on the other hand, posit that because the
phrase “on a regular basis” is not defined in the Policy, the phrase is subject
to more than one reasonable interpretation when applied to the facts of this
case and, thus, is ambiguous. See Appellees’ Brief, at 13.
Interestingly, there appears to be no other Pennsylvania case in which
the specific language “on a regular basis” qualifies the definition of “resident”
under an automobile insurance policy. However, when a term in an insurance
policy is not defined, the words should “be given a reasonable and normal
interpretation.” Great American Ins. Co. v. State Farm Mut. Auto. Ins.
Co., 194 A.2d 903, 905 (Pa. 1963). Moreover, a provision of an insurance
contract is considered “ambiguous if its terms ‘are subject to more than one
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reasonable interpretation when applied to a particular set of facts.’” Kropa,
supra at 508. The word “regular” can be defined strictly as something that
is “recurring, attending or functioning at fixed, uniform or normal intervals.”
See https://www.merriam-webster.com/dictionary/regular (last
visited 1/12/22). However, “regular” can also be defined more broadly to
simply mean “often.” See
https://www.collinsdictionary.com/dictionary/english/regular (last visited
1/12/22) (“Regular events happen often”). Considering the fact that there is
more than one reasonable definition of the word “regular,” we find the phrase
“on a regular basis” to be ambiguous.
The parties clearly sought to specifically define the term “resident;”
indeed, the Policy covers individuals who reside outside of the insured’s home,
including “unmarried, unemancipated children attending school full time,
living away from home.” Erie Insurance Policy, 2/14/13, at 4. The contract
does not indicate that this example is exhaustive. Erie could have defined “on
a regular basis” in the insurance contract or stated that “the resident must be
physically living with the named insured at the time of the incident at issue,”
but it did not choose to do so. See Trial Court Opinion, 4/26/21, at 25. The
trial court found that such a phrase indicates a broader coverage for
individuals who, with some regularity, have lived and will live with the insured,
although they physically dwelled elsewhere at the time of an accident. See
id. at 22, 28 (trial court finding “measure of permanency and habitual
repetition occurred at the Montesanos’ Boyertown home” and concluding
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phrase “on a regular basis” were words of refinement and required “an
analysis of the measure of permanency or habitual repetition” under the facts
of case); id. at 24 (court focusing on “temporary nature of Christiana’s visits”
to Florida and Alabama). We find this interpretation reasonable under the
facts of this case and in line with the well-established precept that ambiguous
terms will be “construed in favor of the insured and against the insurer, the
drafter of the agreement.” Kropa, supra.
Erie also argues that the trial court conflated Christiana’s domicile with
her residence when it incorrectly concluded that Christiana’s “true and
permanent” residence was the Boyertown Home. Specifically, Erie contends
that the court should have conducted a “fact-based inquiry into [Christiana’s]
physical status” and that the court’s analysis should not have been “dependent
upon [Christiana’s] intentions or even her family’s beliefs.” Appellant’s Brief,
at 22.
Erie insists that Christiana “invoked historic methods to establish her
residency” elsewhere than Pennsylvania, id. at 23, pointing out that in both
Florida and Alabama, Christiana obtained state-issued driver’s licenses and
registered to vote. Moreover, Erie highlights the fact that Christiana secured
a retail job in Alabama and purchased a cell phone plan with an Alabama
number attached to it. Appellant’s Brief, at 32-34. Finally, Erie argues that
because Christiana did not indicate an exact timeframe as to when she
planned to return to Pennsylvania, her move to Alabama and Florida “was
more than a vacation.” Id.
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Erie contends that the court should have determined Christiana’s
“factual place of abode [] at the time of the accident,” id. at 34, by examining
her course of conduct while in Florida and Alabama as well as her physical
presence in those states. Id. at 37. Nevertheless, that is precisely what the
trial court did when it set forth an array of factors it considered in coming to
its conclusion that Christiana was a resident of the Boyertown Home at the
time of the accident. See Trial Court Decision, 9/1/20, at ¶ 92; Trial Court
Opinion, 4/26/21, at 28-29. Critically, the court considered the Policy’s
qualifying language, “on a regular basis” in determining that Christiana was a
resident of the Boyertown Home at the time of the accident. The fact that, at
the time of the accident, Christiana had reconciled with Anthony and Donna,
planned to return to Pennsylvania in January, and had a concrete plan in place
to resume living at the Boyertown Home further illustrates the transient nature
of her trip to her mother’s and grandmother’s homes and establishes her
“factual place of abode.” Accordingly, we concur with the trial court’s
determination that Christiana’s contacts with her Boyertown Home were more
than sporadic or temporary, and that they constituted some “measure of
permanency or habitual repetition.” Erie Ins. Exch. v. Weryha, 931 A.3d
739, 744 (Pa. Super. 2007).
Erie also contends that the trial court improperly considered Christiana’s
“intentions” regarding her residence, where the inquiry should be fact-based
and the court is required to consider only her physical presence at the time of
the tragic automobile accident. Citing Amica, supra, Erie claims that
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Christiana’s intent to live at the Boyertown Home is irrelevant when
determining whether she is a resident under the Policy. We disagree.
In Amica, our Court only held that intent was not the sine qua non for
determining residency status under an insurance policy that did not include
qualifying language in defining the term resident. Id. at 347. Here, the court
did not rely solely on Christiana’s intent in analyzing whether she was a
resident under the Policy. Rather, it considered Christiana’s intent to return
to the Boyertown Home a factor, among others, in making that determination.
We conclude that the court’s consideration of this factor was appropriate
where the evidence in the case established that Christiana had more than
sporadic or occasional contact with the Boyertown Home, had a clear
connection to the Pennsylvania residence, and only intended to temporarily
leave that location when she took her sojourns to Florida and Alabama. See
Weryha, supra at 742 (“The question of whether one physically lives with
another is a factually intensive inquiry and it requires the trial court to look at
a host of factors in reaching a common-sense judgment.”).
Despite Erie’s argument to the contrary, the law does not require that
an insured be physically living in the residence at the time of an accident to
be covered under an insurance policy without specific language stating such.
See Trial Court Opinion, 4/26/21, at 27-28. Here, where at the time of the
accident Christiana lived with her father and stepmother in the Boyertown
Home on a regular basis, see n.3 supra, she qualifies as a “resident” as
defined by Erie’s insurance policy and was entitled to the benefit of coverage.
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Considering the evidence that the trial court found credible, the trial court
reasonably entered judgment in favor of Appellees. Hollock, supra.12
Judgment affirmed.
Pellegrini, J., joins the Memorandum.
Dubow, J., files a Dissenting Memorandum.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/24/2022
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12 In its final issue on appeal, Erie contends that the trial court erred when it
denied its motion for summary judgment “where no dispute existed in the
factual record that Christian[a] Montesano failed to meet the contractual and
legal definition of residency for purposes of affording insurance.” Appellant’s
Brief, at 45. However, Erie’s argument on the issues consists of bald claims
that “[t]he facts were undisputed,” and that “there were no genuine issues of
material fact.” Id. at 46. Although this is the correct standard of review, Erie
cites to no facts of record or relevant case law to support the issue—
essentially, the brief is devoid of argument on the issue. Thus, we find the
issue waived. See Pa.R.A.P 2119(a) (argument section of brief shall “be
divided into as many parts as there are questions to be argued”); see also
In re D.R.-W., 227 A.3d 905, 910-11 (Pa. Super. 2020). However, even if
we did not find this issue waived, we would conclude that it merits no relief.
Erie’s claim that the trial court erred in denying its motion for summary
judgment is essentially challenging the sufficiency of the evidence to support
the judgment entered on the non-jury verdict below—a claim we have
reviewed and determined is meritless. See supra at 11-17.
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