# Niemiec v. Allstate Insurance

> Superior Court of Pennsylvania · December 2, 1998 · 721 A.2d 807

URL: https://www.frixlaw.com/law-library/cases/9643602

## Case

- **Full name:** Thomas NIEMIEC and Carole Niemiec and All Others Similarly Situated, Appellant, v. ALLSTATE INSURANCE COMPANY, and All Others Similarly Situated, Appellee
- **Court:** Superior Court of Pennsylvania
- **Decided:** December 2, 1998
- **Citations:** 721 A.2d 807; 1998 Pa. Super. LEXIS 3808
- **Precedential status:** Published
- **Opinion:** Dissent by McEWEN
- **Judges:** McEwen, Lally-Green, Montemuro
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9643602

## How later opinions describe it (automated extraction)

- holding that order referring claim to arbitration, sustaining preliminary objections, and dismissing one count of complaint with prejudice was not final and appealable
- holding order referring claim to arbitration, sustaining preliminary objections, and dismissing one count of complaint with prejudice was not final and appealable

## Opinion text

McEWEN, President Judge,
dissenting.
While the expression of the majority demonstrates a careful analysis and provides a sound rationale, see: In re Class Action Appeal of Kelly, 704 A.2d 172 (Pa.Cmwlth.1997), I am obliged, nonetheless and respectfully, to dissent. It strikes me that the interpretation of Rule 313 by this Court in DiLucido v. Terminix, 450 Pa.Super. 393 , 676 A.2d 1237 (Pa.Super.1996), alio, denied, 546 Pa. 655 , 684 A.2d 557 (1996), requires that this panel find that an appeal from an order dismissing the class action claim of appellants is immediately appealable pursuant to Rule 313. In my view, there is a hue of inconsistency to a ruling which directs the underlying claim to proceed to trial while concluding that the class action allegations are not collateral to or separate from the underlying claim. Thus it is that I would proceed to a consideration of the substantive claims presented by this appeal.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9643602. Public record. Not legal advice.