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Gallo v. Nationwide Insurance Co.

Where minor plaintiff covered by his parents' insurance policy was injured while a passenger on a snowmobile, dismissal of complaint affirmed; both terms and conditions of parents' insurance policy and the Pennsylvania Motor Vehicle Financial Responsibility Law barred recovery of first party benefits.

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�1 Stephen Gallo and Heidi Gallo, husband and wife and as parents of Ryan Matthew Gallo, (hereinafter collectively referred to as the “Appellants”) appeal from an Order entered on April 27, 2001 sustaining preliminary objections filed by the Nationwide Insurance Company (hereinafter referred to as the “Appellee”). For the following reasons, we affirm.

�2 The trial court summarized the procedural history and the facts of this case as follows:

Ryan Gallo, [the] minor [Appellant], sustained injuries on January 12, 1997 when the snowmobile on which he was a passenger was struck by a car driven by John D. Capatch, Jr. while the snowmobile was crossing a highway. The minor suffered serious injuries that required several surgeries and an extended recovery period. At the time of the accident, the minor’s parents (Gallos) had automobile insurance through Nationwide Insurance Company (Nationwide) covering, inter alia, $100,000 in first party med[ical] benefits in accordance with the requirements of the Motor Vehicle Financial Responsibility Law (MVFRL). 75 Pa.C.S.A. ��1701-1799.7 (West 2000). The Gallos[, Appellants,] incurred $76,000 in medical expenses related to their son’s injuries and sought recovery from Nationwide under their policy. Nationwide has refused to pay any medical bills indicating that exclusion three in the policy excludes payment for injuries sustained while occupying a snowmobile.

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