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AMERICAN ARBITRATION ASSOCIATION AWARD. PROVIDENCE WASHINGTON INSURANCE COMPANY APPEAL (11/16/73)

decided: November 16, 1973.

AMERICAN ARBITRATION ASSOCIATION AWARD. PROVIDENCE WASHINGTON INSURANCE COMPANY APPEAL


Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1973, No. 209, in re The matter of the American Arbitration Association Award, dated November 17, 1972, in favor of Florence Acampora and Raymond Acampora and against Providence Washington Insurance Company.

COUNSEL

John J. McAuliffe, Jr., with him Robert C. Steiger, and Harper, George, Buchanan & Driver, for appellant.

Marvin F. Galfand, with him Dragon, Verlin & Galfand, for appellees.

Wright, P. J., Watkins, Jacobs, Hoffman, Cercone, and Spaeth, JJ. (Spaulding, J., absent). Opinion by Jacobs, J.

Author: Jacobs

[ 225 Pa. Super. Page 444]

This is an appeal from an order of the lower court denying the appellant's petition to vacate and set aside a common law arbitration award and acceding to the appellees' petition for confirmation of the award and entry of judgment pursuant to it. We affirm.

Appellees, Florence and Raymond Acampora, were injured while riding in a vehicle owned by Vincent Acampora, their husband and father, with whom they resided. Appellant, Providence Washington Insurance Company, had issued a motor vehicle liability insurance policy to Vincent Acampora, covering the involved vehicle and another owned by him. The policy contained an uninsured motorist provision.

That provision obligated the appellant to pay to persons in the appellees' situation such sums, within limits, as they were entitled to recover from the uninsured motorist for their injuries. At the head of the provision was a box stating the limits of liability to be $10,000 each person and $20,000 each accident. Two $4 premiums were charged for this protection, and the section relegated disputes under it to common law arbitration.*fn1

Appellant states that there were two pertinent conditions applicable to the uninsured motorist coverage. One condition is said to have read as follows: "The limit of liability stated in the schedule as applicable to 'each person' is the limit of the company's liability for all damages, including damages for care or loss of services, because of bodily injury sustained by one person as a result of any one accident and, subject to the

[ 225 Pa. Super. Page 445]

    above provision respecting each person, the limit of liability stated in the schedule as applicable to 'each accident' is the total limit of the company's liability for all damages, including damages for care or loss of services, because of bodily injury sustained by two or more persons as the result of any one accident." The other condition is said to have read: "The company shall not be obligated to pay under this Coverage that part of the damages which the insured may be entitled to recover from the owner or operator of an uninsured automobile which represents expenses for medical services paid or payable under the Medical Payments Coverage of the policy." Although the possibly incomplete policy contained in the official record does not include the conditions, we shall assume their presence for the sake of argument.*fn2

A panel of common law arbitrators awarded appellees a total of $37,000 on the policy as a result of their injuries. The awards state that they are inclusive of medical payments. On this appeal from the lower court's order in support of the awards, appellant raises three contentions: (1) that a refusal of the lower court to permit oral argument in the present case constituted a denial of due ...


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