NIEMIEC v. ALLSTATE INS. CO.


721 A.2d 807 (1998)

Thomas NIEMIEC and Carole Niemiec and All Others Similarly Situated, Appellant, v. ALLSTATE INSURANCE COMPANY, and All Others Similarly Situated, Appellee.

Superior Court of Pennsylvania.

Filed December 2, 1998.


Attorney(s) appearing for the Case

Edwin P. Smith, Philadelphia, for appellants.

Mark J. Levin, Philadelphia, for appellee.

Before McEWEN, President Judge, and LALLY-GREEN and MONTEMURO, JJ.


MONTEMURO, J.:

This is an appeal from the April 2, 1998 Order of the Philadelphia Court of Common Pleas sustaining the preliminary objections of Appellee, Allstate Insurance Company, dismissing with prejudice Appellants' class action allegations, and referring to arbitration Appellants' individual claim against Appellee. For the reasons set forth below, we must quash this appeal.

Appellants, Thomas and Carole Niemiec, filed this declaratory judgment action...

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