McGee v. Erie Insurance Company (2018)

Citation: McGee v. Erie Insurance Company (2018)
Parent Document: McGee v. Erie Insurance Company (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-09-28
Original Source: https://www.courtlistener.com/opinion/4539614/mcgee-v-erie-insurance-company/ ↗

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Although Ms. McGee points out that Erie Indemnity must settle claims on behalf of the
Exchange, Opp. 11, that still does not make Erie Indemnity her insurer. Insured parties cannot
sue their insurer’s attorney to enforce the insurer’s obligations.
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Ms. McGee also argues that the lack of a signed version of her subscriber agreement creates
“several problems.” Opp. 12. But “[i]t is established law that a signature is not always
necessary to create a binding agreement.” Presidential Motor Yacht Corp. v. President Marine,
Ltd., 753 F. Supp. 7, 13 (D.D.C. 1990). Rather, “[t]he purpose of a signature is to demonstrate
‘mutuality of assent’ which could as well be shown by the conduct of the parties.” Id. (citation
omitted). Here, both the Plaintiff and the Defendant agree that Ms. McGee was in fact insured,
and both parties have shown through conduct their mutual assent to be bound. See, e.g. Affidavit
of Ellen Lipiec, ECF No. 31-1 (“At all relevant times, Erie Insurance Exchange provided
coverage to Plaintiff.”). Although the parties disagree about how to interpret the contract, Ms.
McGee uses the same document as Erie Indemnity for her claims. Opp. 13 (“McGee contends
Indemnity is the contracting party based on the definitions in its own form agreement.”). If
anything, the lack of a signed insurance agreement is more problematic for a plaintiff who wants
to collect on such an agreement than for a defendant that wants to avoid liability.
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Indemnity is not Ms. McGee’s insurer under the Policy, her claims against it are legally insufficient. IV.

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