Deklinski v. Commonwealth, Department of Transportation, Bureau of Motor Vehicles

OPINION BY

The Department of Transportation, Bureau of Motor Vehicles (Department), appeals from an order of the Court of Common Pleas of Cumberland County (trial court) that sustained the statutory appeal of Karen K. Deklinski and Joseph A. Dek-linski (collectively, the Deklinskis) from a three-month suspension of their vehicle registration.

The Deklinskis are the registered owners of a 2000 Saturn sedan, title number 53804414 (vehicle), that is, and was, insured by Allstate Insurance Company (Allstate). The Department, by letter dated April 20, 2006, informed the Deklinskis that it received information from Allstate regarding the cancellation of automobile insurance on the vehicle.1 The letter listed the date of cancellation as March 9, 2006. The letter also requested verification of coverage on the vehicle and informed the Deklinskis that failure to respond within three weeks may result in the suspension of the vehicle’s registration. The Dek-linskis failed to provide the requested information and the Department, by official notice dated June 6, 2006, informed the Deklinskis that the registration for the vehicle would be suspended for three months effective July 7, 2006, as authorized by Section 1786(d)(1) of the Motor Vehicle Financial Responsibility Law (MVFRL), 75 Pa.C.S. § 1786(d)(1).2 The *1193Deklinskis appealed the suspension to the trial court.

At the de novo hearing before the trial court the Department submitted the following documents into evidence in support of the registration suspension: (1) the official notice of suspension dated June 6, 2006; (2) an electronic transmission from Allstate, entitled “Suspension Inquiry Detain” (SID Form); (3) a Department computer printout of the vehicle’s details; (4) the Department’s initial letter to the Dek-linskis, dated April 20, 2006; and (5) a registration record that appears in the Deklinskis’ file in the Bureau of Motor Vehicles, Harrisburg, Pennsylvania.3

In response, Ms. Deklinski testified as follows. In February 2006, she made a partial payment to Allstate for payment of the insurance premium on the vehicle. Allstate informed her that the remaining premium balance was due on March 9, 2006. Ms. Deklinski mailed a check on March 8, 2006; however, that check was never cashed.

The Deklinskis received notice in the first week of April that the vehicle’s insurance had lapsed.4 The Deklinskis contacted their Allstate agent, who told them not to worry and that he would contact the Department and get proof of insurance. When the Deklinskis did not receive proof of insurance they contacted the Department and were informed that there was no insurance on the vehicle. The Deklinskis did not continue to drive the vehicle.

The Deklinskis received the Department’s letter, dated April 20, 2006, on April 25, 2006. The following day the Deklinskis delivered a check to Allstate and Allstate reinstated insurance coverage on the vehicle as of April 29, 2006. Ms. Deklinski further testified that she was under the impression that Allstate terminated insurance coverage on the vehicle on April 11, 2006. Ms. Deklinski stated that the basis for her belief was formed by a printout of a computer screen that her Allstate agent sent to her and to the Department, which listed the termination endorsement date as April 11, 2006.

In addition to Ms. Deklinski’s testimony, the trial court, over the Department’s objection, admitted into evidence the printout of the computer screen that Allstate generated and a copy of the Deklinskis’ “check register” for the period of March 1, 2006 through March 15, 2006.

The trial court entered an order on November 28, 2006, which sustained the Deklinskis’ appeal and reversed the Department’s vehicle registration suspension. In an accompanying opinion, the trial court opined, in pertinent part, that:

In the present case, the factual issued) for determination by the court are not whether Petitioners’ vehicle had been uncovered by insurance for some period, but (a) when that period commenced, (b) whether it was less than thirty-one days, and (c) whether the vehicle had been driven during that period. The only evidence presented by the Commonwealth to support its position *1194on the first issue was a docket-type notation reading “Determination Date: 03/09/06,” a cryptic and undocumented reference. Given the balance of the evidence, the court is of the • view that Petitioners’ situation falls within the exception to suspension provided by the legislature, in that the period of non-coverage of Petitioners’ vehicle was less than thirty-one days and that the vehicle was not driven during the period of non-coverage.

(Trial Ct. Op. at 5.) The Department’s appeal followed.5

The Department raises two issues on appeal: (1) whether the trial court’s finding, that the Deklinskis proved by clear and convincing evidence that the lapse of financial responsibility on their vehicle was less than thirty-one days and the vehicle was not driven during that period, is supported by substantial evidence; and, (2) whether the trial court abused its discretion if it sustained the Deklinskis’ statutory appeal to help them avoid economic hardship.

“In a suspension of registration case,” such as the present one, “the Department has the initial burden of showing that a registrant’s vehicle is registered or is a type of vehicle that must be registered and that the Department received notice that the registrant’s financial responsibility coverage was terminated.” Fagan v. Department of Transportation, Bureau of Motor Vehicles, 875 A.2d 1195, 1198 (Pa.Cmwlth.2005) (citing 75 Pa.C.S. § 1786(d)(3)). Statutory authority provides that “the department’s certification of its receipt of documents or electronic transmission from an insurance company informing the department that the person’s coverage has lapsed, been canceled or terminated shall also constitute prima facie proof’ of such termination. 75 Pa.C.S. § 1377(b)(2) (emphasis added); accord Fagan, 875 A.2d at 1198 (“[t]he Department may satisfy this burden by certifying its receipt of documents or of an electronic transmission from an insurance company stating that a registrant’s financial responsibility coverage has been terminated.”)

If the Department meets its burden, a presumption arises that the registrant lacked the necessary financial responsibility coverage. Fagan, 875 A.2d at 1198. The registrant may rebut this presumption by presenting clear and convincing evidence of record “that financial responsibility was continuously maintained on the vehicle as required by Section 1786(a) of the MVFRL, 75 Pa.C.S. § 1786(a), or that the vehicle owner fits within one of the three statutorily defined defenses outlined in Section 1786(d)(2)(i-iii).... ” Fell v. Department of Transportation, Bureau of Motor Vehicles, 925 A.2d 232, 237-38 (Pa.Cmwlth.2007) (en banc) (footnote omitted).

This Court, sitting en banc in Fell, addressed a similar issue relating to the content of the electronic transmission provided by the Department and rejected the argument as to the transmissions form and content. The Fell case involved a document that was identical to the SID Form in the present case. In Fell, the trial court took great issue with the format and content of the SID Form certified by the Department. The trial court, in Fell, reasoned that:

*1195the rule which allows [the Department] to produce a non-validated, uncertified, undated, contextually vague, electronically generated document in satisfaction of its burden of proof in a matter as serious as a registration suspension is incorrect and works an unfairness on the registration holder. In the registration suspension appeals brought before this Court, [the Department] has only supplied the electronically derived document as evidence of non-insurance and has never offered the alternative proof of certified documents. [The Department’s] application of 75 Pa.C.S.A. § 1877(b)(2) promotes situations, like the instant one, where the electronic transmission erroneously and improperly issued, and its bald assertion of insurance termination triggered [the Department’s] response of a final registration suspension.

Id., 925 A.2d at 289 n. 11 (quoting Department of Transportation v. Fell, No. 05-6375-31-6, 2006 Pa. Dist. & Cnty Dec. Lexis 214, (Bucks County C.P.Pa. filed June 1, 2006)). We rejected this position, noting that the SID Form was certified by the Department as being a record of an electronic transmission from the registrant’s insurer. We relied on statutory authority that puts the focus on the Department’s certification, specifically, that:

the language of Section 1377(b)(2) of the Vehicle Code specifically directs that “the department’s certification of its receipt of documents or electronic transmission from an insurance company informing the department that the person’s coverage has lapsed, been canceled or terminated shall also constitute prima facie proof that the lapse, cancellation or termination of the policy of insurance described in the electronic transmission was effective under the laws of this Commonwealth.” 75 Pa.C.S. § 1377(b)(2) (emphasis added).

Fell, 925 A.2d at 238 n. 11. This Court has repeatedly held that the Department’s certification constitutes prima facie proof. Id. at 237; Webb v. Department of Transportation, Bureau of Motor Vehicles, 870 A.2d 968, 973 (Pa.Cmwlth.2005) (‘We emphasize again that DOT’S introduction into evidence before a trial court of its receipt of notice from an insurer of a policy cancellation creates a rebuttable presumption that the vehicle at issue lacked the requisite financial responsibility, for purposes of DOT’S suspension of a vehicle’s registration.”); Choff v. Department of Transportation, Bureau of Motor Vehicles, 861 A.2d 442, 446 (Pa.Cmwlth.2004) (“[The Department] may satisfy its burden by certifying that it received documents or electronic transmissions from the insurance company informing [the Department] that the insurance coverage has been terminated.”)

In the present case, the trial court erred by focusing on the format and design of the SID Form, and by failing to apply the statutory language that the Department’s certification “shall ... constitute prima facie proof....” 75 Pa.C.S. § 1377(b)(2). Given this statutory authority and precedent, we conclude that the Department has met its prima facie burden, thus giving rise to a presumption that the financial responsibility coverage for the Deklinskis’ vehicle was invalid.

The more difficult question is whether the Deklinskis have produced clear and convincing evidence, on the record, to rebut the presumption that arises from the Department having met its prima facie burden. Although a challenge to an insurance cancellation may only be brought before the Insurance Commissioner, “a court reviewing a [Department] registration suspension appeal may certainly examine the record before it to determine whether an insured’s evidence has over*1196come the applicable presumption established by [the Department].” Webb, 870 A.2d at 974 (emphasis added). However, “[a]s to an examination, beyond the record on its face, into the validity of an insurer’s policy cancellation, ... said examination is properly brought for review to the Insurance Commissioner under Section 1786(d)(5), and not to a trial court.” Id. at 974.

In the present case, the record before the trial court indicated that Allstate had forwarded a letter and an attachment to the Department that the policy terminated on April 11, 2006. The body of the letter, in its entirety, reads as follows: “[p]lease see copy of computer screen acknowledging termination endorsement effective 04/11/2006.” (Letter from Paul Mattus of Allstate to the Department (Letter) (June 21, 2006).) The attachment, which was a printout of a computer screen, had an information item titled “TERM ENDORSE 041106.” (Attachment to Letter.) The term “termination endorsement” is not defined in any of the evidence of record.6

As previously discussed, in order to rebut the presumption, registrants must present “clear and convincing evidence,” which is defined as evidence “that is so clear, direct, weighty, and convincing as to enable the trier of fact to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue.” Fell, 925 A.2d at 239 (quoting Fagan, 875 A.2d at 1199). In this case, the Deklinskis have not produced sufficient evidence of record to meet that standard. In particular, it is not clear whát the term “termination endorsement” means or to what it applies. It may mean that the insurance was terminated as of April 11, 2006 (and not March 9, 2006), but it simply is not clear that this is what it precisely means. Thus, we conclude that the record evidence, itself, does not rebut the presumption by clear and convincing evidence. However, there does seem to be a cognizable issue as to the validity of the insurance termination. Resolution of such an issue lies with the Insurance Commissioner. 75 Pa.C.S. § 1786(d)(5).

Our Court, in Webb, found that, in instances such as this one, the registrant should be afforded an opportunity to transfer for a timely nunc pro tunc appeal to the Insurance Commissioner. Webb, 870 A.2d at 974-75. Accordingly, we vacate the trial court’s order and remand the matter with instructions to the trial court to hold the suspension appeal of the Dek-linskis in abeyance pending the Insurance Commissioner’s review and disposition of the Deklinskis’ nunc pro tunc request for review of their insurance policy cancellation.

ORDER

NOW, December 24, 2007, the order of the Court of Common Pleas of Cumberland County in the above-captioned matter is vacated and this matter is remanded with instructions to the trial court to hold the suspension appeal of Karen K. Deklin-ski and Joseph A. Deklinski in abeyance pending the Insurance Commissioner’s review and disposition of the Deklinskis’ nunc pro tunc request for review of their insurance policy cancellation.

Jurisdiction Relinquished.