Opinion

Ellison v. Safeguard Mutual Insurance

  • 209 Pa. Super. 492
  • 229 A.2d 482
  • 1967 Pa. Super. LEXIS 1257
Court
Superior Court of Pennsylvania
Filed
Apr 12, 1967
Status
Published
Author
Hoffman
On the bench
Ervin, Wright, Watkins, Montgomery, Jacobs, Hoffman, Spaulding, O'Donnell
Cited by
20 cases
Authority
More cited than 8.8%

Superior Court held that where compulsory arbitration provisions were not part of the insurance contract between the parties, insured had no duty to submit her claim to arbitration

How later courts described this case

  • Superior Court held that where compulsory arbitration provisions were not part of the insurance contract between the parties, insured had no duty to submit her claim to arbitration
  • addressing the issue of whether the dispute was arbitrable where the policy did not contain an arbitration clause

Written by the judges who cited it.

The opinion

*498 Opinion by

Hoffman, J.,

Concurring in the Result:

I concur in the decision of the majority for the following reason.

Even if the insurance policy before us had contained an arbitration clause, the question whether uninsured motorist coverage should be read into the policy, despite the omission of such coverage, does not seem a proper subject for arbitration. The insurer asserted this jurisdictional defect, and he is, therefore, entitled to have the award stricken.

In reaching my conclusion, I place no reliance on the decision in H. D. O’Neil v. Am. Fire Ins. Co., 166 Pa. 72 , 30 A. 943 (1895). Furthermore, I wish to express no view on the critical question of whether a court could read the omitted coverage into this policy. I do not believe that the insured is foreclosed by our action today from pressing his claim in a proper forum.

Spaulding, J., joins in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.