News & Events

Swartz Campbell Wins Award & Saves Nationwide Money

/ 27.Aug, 2012
Attorney William Conway won a case for Nationwide General Insurance Co. in the Philadelphia Court of Common Pleas Compulsory Arbitration program involving the application of Nationwide’s automobile policy exclusion for regularly used but not owned vehicles. The plaintiff was a passenger in a vehicle operated by her boyfriend that was involved in an auto-accident. The boyfriend driver borrowed the vehicle from his mother who was insured by Nationwide. The mother rented the subject vehicle for more than a year on what was essentially a month-to-month basis due to the poor mechanical condition of the vehicle actually owned by the mother. Thus, the subject vehicle was not owned by the mother, but it was available to and regularly used by the mother. Plaintiff sued the drivers of the two vehicles for personal injuries and Nationwide Insurance seeking uninsured motorist benefits. The 3-person arbitration panel returned an award in favor of plaintiff against the two other drivers while awarding damages for personal injuries. However, the decision was against the plaintiff and in favor of Nationwide upholding its defense and the applicability of the subject coverage exclusion. (See Frazier v Austin, et. al.)