IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ. The Pennsylvania Supreme Court concurred the URDE at issue in this case was enforceable, and affirmed the Superior Court. The Superior Court affirmed the order of the trial court in a divided, published opinion. Appellants timely appealed to the Superior Court, arguing: (1) the trial court erred in holding the URDE was valid and enforceable (2) that the URDE violated the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”) and (3) that the URDE violated public policy. The trial court granted summary judgment in favor of Safe Auto, finding the URDE unambiguous, valid, and enforceable, and concluding that Safe Auto had no duty under the Policy to defend or indemnify Dixon in the underlying personal injury lawsuit. On May 13, 2015, Safe Auto filed a complaint against Dixon, Policyholder, and Appellants, seeking a declaratory judgment regarding the enforceability of the URDE with respect to Dixon. Jimenez and her husband Luis (collectively, “Appellants”) filed a personal injury lawsuit against Dixon, Policyholder, and Licona-Avila. The Policy contained an unlisted resident driver exclusion (“URDE”), which excluded from coverage any individuals who lived with, but were not related to, the policyholder, and whom the policyholder did not specifically list as an additional driver on the insurance policy. At the time of the accident, Dixon resided with Policyholder, who had purchased a personal automobile insurance policy (“Policy”) for his vehicle through Safe Auto Insurance Company (“Safe Auto”). Payments specifically identified as appropriate to another charge will includepayments that are in the process of being automatically reallocated on an existing charge. Payments of duty and interest are identified separately for repayment interestpurposes.In 2013, Rachel Dixon was driving a car owned by her boyfriend, Rene Oriental-Guillermo (“Policyholder”), when she was involved in an accident with a vehicle in which Priscila Jimenez was a passenger, and which was owned by Iris Velazquez, and operated by Alli Licona-Avila. The EDP can then be amended and if the user chooses not to reset the payment against the charge auto clearing will return the payment when it is next run.Īuto clearing will look for any new charges that have been received since the processwas last run and will automatically allocate any payments held in Unallocated Paymentsthat have not been specifically identified as appropriate to another charge, to the newcharge. When an EDP needs to be amended Reset Payment is used to transfer the payment from the charge record to Unallocated Payments.When auto clearing is next run any payments held in Unallocated Payments will be allocated against the interest charge Where auto clearing has returned payments to a revised charge, if the charge is cleared and not subject to clerical interest an automatic interest charge will be raised.Once the revised charge is in place auto clearing will return sufficient payments to clear the charge To accommodate a charge amendment (decrease) any payments allocated against the charge will be transferred to Unallocated Payments. A charge notification will be issued for the interest. Auto clearing will allocate the amount of accrued interest paid as a payment on account of the interest charge. Where the additional interest due is £32.01 or more above the amount of accrued interest paid an interest charge will be raised for the full amount of interest due. When viewing the Customer Record over this period users need to be aware that the process may take up to two working days to complete. On the next occasion that auto clearing runs the accrued interest payment held in Unallocated Payments will be allocated against the interest charge. SAFE will calculate the amount of interest due and where the amount due is not more than £32.00 above the amount of accrued interest paid, an interest charge will be created for the amount of interest paid. Where a payment includes settlement of a charge and an amount of accruing interest, the payment will be processed in SAFE by clearing the tax/duty charge and the excess is allocated to Unallocated Payments.Set out below are some examples of when the process isused The process is run overnight and isresponsible for automatically allocating payments from the Unallocated Payment suspenseaccount to outstanding charges. The SAFE system includes an auto clearing process which will normally run as abackground process and be invisible to users.
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