ROSSI v. STATE FARM AUTO. INS. CO.


318 Pa.Super. 386 (1983)

465 A.2d 8

Constance ROSSI, v. STATE FARM AUTOMOBILE INSURANCE COMPANY, Appellant.

Supreme Court of Pennsylvania.

Filed August 12, 1983.

Petition for Allowance of Appeal Denied January 16, 1984.


Attorney(s) appearing for the Case

Dennis Veneziale, Philadelphia, for appellant.

Eugene A. Spector, Philadelphia, for appellee.

Before JOHNSON, WATKINS and LIPEZ, JJ.


JOHNSON, Judge:

This appeal asks us to decide whether a passenger who has recovered damages under the liability provisions of an insurance policy held by the operator of a motor vehicle may thereafter recover the same damages by compelling arbitration under the uninsured motorist coverage of the same policy. We think not and reverse the order of the common pleas court confirming the arbitration award.

On December 17, 1978, an automobile driven by Rene Lucas...

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