HENNESSEY v. AMERICAN MUTUAL INSUR. CO.


327 Pa.Super. 367 (1984)

475 A.2d 842

Frank HENNESSEY and Jill Rupp, Appellants, v. AMERICAN MUTUAL INSURANCE COMPANY.

Supreme Court of Pennsylvania.

Filed May 18, 1984.


Attorney(s) appearing for the Case

Drew S. Dorfman, Philadelphia, for appellant.

Harry G. Mahoney, Philadelphia, for appellee.

Before CAVANAUGH, WIEAND and CIRILLO, JJ.


WIEAND, Judge:

The only issue in this case is whether Pa.R.C.P. 238 has application to an uninsured motorist arbitration held pursuant to the Act of April 25, 1927, P.L. 381, No. 248, 5 P.S. §§ 161 et seq., now recodified at 42 Pa.C.S. §§ 7301 et seq. The learned trial judge held that Rule 238 had no application and vacated that portion of the arbitrators' award which represented damages for delay. We affirm.

The language of Rule 238 is...

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