SAFECO INS. CO. OF AMERICA v. WETHERILL

No. 79-2074.

622 F.2d 685 (1980)

SAFECO INSURANCE COMPANY OF AMERICA v. Marcia WETHERILL, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 1, 1980.


Attorney(s) appearing for the Case

Wilfred F. Lorry, Stephen L. Hymowitz, John A. Rothschild (argued), Lorry & Hymowitz, Philadelphia, Pa., for appellant.

Louis E. Bricklin (argued), Michael Saltzburg, Bennett, Bricklin & Saltzburg, Philadelphia, Pa., for appellee.

Before HUNTER, HIGGINBOTHAM and SLOVITER, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

In this diversity suit which all parties agree is governed by Pennsylvania law, we must predict whether the Pennsylvania Supreme Court would compel an insurer to arbitrate under the arbitration clause of an uninsured motorist provision where the automobile involved in the collision with its insured was admittedly insured, but in an amount insufficient to cover the claimant's

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