433 Pa. 250 | Pa. | 1969
Opinion by
This appeal evolved from an automobile collision in which the appellant Mrs. Di Umberto was struck by one who subsequently became an uninsured motorist. Appellants made a demand upon the appellee, Merchants Mutual Insurance Company, with whom appellants carried a collision insurance policy that included an Uninsured Motorists Clause, but were unable to secure satisfaction. They then filed a formal demand for arbitration with the American Arbitration Association pursuant to the provisions of the policy. After the demand for arbitration was served upon it, appellee filed a complaint in equity seeking a preliminary injunction restraining arbitration, relying upon the applicability of a two year statute of limitations. Appellee contended that the courts should decide the applicability of the statute of limitations while appellants, relying on Harleysville Mutual Insurance Company v. Medycki, 431 Pa. 67, 244 A. 2d 655 (1968), and National Grange Mutual Insurance Company v. Kuhn, 428 Pa. 179, 236 A. 2d 758 (1968), would have the arbitrator make that determination.
The court below agreed with the appellee-insurance company’s position and issued a preliminary injunction restraining arbitration. The insured appeals from this decree.
In the Kuhn case this Court interpreted the language of the arbitration clause to permit the arbitrator to determine whether the tortfeasor was uninsured, and in Medycki the arbitrator was permitted to decide whether claimant had fulfilled conditions precedent relating to proof of loss. In the instant case, we are required to determine whether the applicability of the
Since we have determined that the arbitrator has the power to consider all issues which relate to coverage under the Uninsured Motorists Clause, even if those same issues apply to other coverage by the policy, the issue of the applicability of the statute of limitations comes within the arbitrator’s purview. Thus, adhering to this Court’s former opinions, the decree must be reversed.
Decree reversed at appellants’ costs.