446 A.2d 1341 | Pa. Super. Ct. | 1982
Appellees filed a petition to compel arbitration pursuant to an uninsured motorist provision of an insurance contract. The petition averred that appellees’ daughter was killed in an automobile accident and the responsible operator was only insured for $15,000. Appellant filed an Answer and New Matter denying that decedent had underinsured coverage. Petitioners filed a reply arguing that the coverage was a question of law to be decided by the arbitrators and that such arbitration was required under the arbitration clause in the insurance contract. Without conducting a hearing, the lower court directed appellant to appoint an arbitrator. This appeal followed.
This court, sitting en banc, recently held that such a claim under an uninsured motorist provision, should not proceed to
Order of the lower court is affirmed.