# Ellison v. Safeguard Mutual Insurance

> Superior Court of Pennsylvania · April 12, 1967 · 209 Pa. Super. 492

URL: https://www.frixlaw.com/law-library/cases/9701701

## Case

- **Full name:** Ellison v. Safeguard Mutual Insurance Company, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** April 12, 1967
- **Citations:** 209 Pa. Super. 492; 229 A.2d 482; 1967 Pa. Super. LEXIS 1257
- **Precedential status:** Published
- **Opinion:** Concurrence by Hoffman
- **Judges:** Ervin, Wright, Watkins, Montgomery, Jacobs, Hoffman, Spaulding, O'Donnell
- **Cited by:** 20 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/9701701

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9701701. Public record. Not legal advice.