AMERICAN HARDWARE MUT. INS. CO. v. SILVESTRI


300 Pa.Super. 1 (1982)

445 A.2d 1269

AMERICAN HARDWARE MUTUAL INSURANCE CO., Appellant, v. Louis P. SILVESTRI and Helen Silvestri, h/w and American Arbitration Association.

Superior Court of Pennsylvania.

Filed May 21, 1982.

Petition for Allowance of Appeal Granted September 13, 1982.


Attorney(s) appearing for the Case

Charles J. Bogdanoff, Philadelphia, for appellant.

Garland D. Cherry, Jr., Media, for appellees.

Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.


HOFFMAN, Judge:

Appellant contends the lower court erred in not enjoining arbitration of appellees' claims under the "uninsured motorist" provisions of an automobile insurance policy. We agree and, accordingly, reverse the order of the court below and enjoin arbitration.

Appellees Louis P. and Helen Silvestri brought an action against a driver whose automobile had struck and injured Mr. Silvestri. The driver's insurer paid the Silvestris the policy limits...

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