Shipp v. Phoenix Insurance Co.

OPINION BY

FORD ELLIOTT, P.J.E.:

Appellant, The Phoenix Insurance Company (“Phoenix”), brings this appeal from the entry of an order granting summary judgment in a declaratory judgment action filed by appellee, the administrators of the Estate of Shipp (“the Shipps”). Finding that summary judgment was improperly entered, we reverse.

The trial court accurately stated the underlying facts of this case:

Plaintiff Glenn B. Shipp applied for personal automobile insurance and signed a rejection of stacked underin-sured coverage form on September 12, 2002. Said form was signed in the presence of his…