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HAROLD NOVOSELLER v. ROYAL GLOBE INSURANCE COMPANIES AND GENERAL ACCIDENT GROUP. APPEAL ROYAL GLOBE INSURANCE COMPANIES (07/29/83)

filed: July 29, 1983.

HAROLD NOVOSELLER
v.
ROYAL GLOBE INSURANCE COMPANIES AND GENERAL ACCIDENT GROUP. APPEAL OF ROYAL GLOBE INSURANCE COMPANIES



No. 3190 Philadelphia 1981, Appeal from the Judgment of the Court of Common Pleas of Philadelphia County, Civil Division, at No. 1356 April Term, 1979.

COUNSEL

George D. Sheehan, Philadelphia, for appellant.

Benjamin Pomerantz, Philadelphia, for Novoseller, appellee.

Charles W. Craven, Philadelphia, for General Acc., appellee.

Cavanaugh, Rowley and Hoffman, JJ. Cavanaugh and Rowley, JJ., concur in the result.

Author: Hoffman

[ 317 Pa. Super. Page 219]

Appellant challenges the stacking or cumulation of insurance policy coverages assessed against it by an arbitration panel. We find that the lower court correctly upheld the panel's determination and, accordingly, affirm.

On November 1, 1967, Harold Novoseller,*fn1 while operating one of his employer's nine taxi cabs, collided with an uninsured vehicle. Both Novoseller's employer's insurance policy with Royal Globe Insurance Co., appellant, and Novoseller's own policy with General Accident Group, appellee, provided the statutorily required $15,000 minimum

[ 317 Pa. Super. Page 220]

    uninsured motorist coverage. After appellant paid Worker's Compensation benefits, a panel of arbitrators awarded Novoseller $32,500 in damages, and assessed the full amount of the award against appellant by stacking the coverage of the other cabs.*fn2 The lower court affirmed the arbitrator's determination and subsequently denied a motion for reconsideration. The original appeal taken to this court was quashed on November 30, 1981, for failure to enter judgment. Novoseller v. Royal Globe Insurance Co., 293 Pa. Superior Ct. 93, 437 A.2d 1007 (1981). Judgment was entered on December 2, 1981, and this appeal followed.

In a proceeding governed by statutory arbitration, a reviewing court may modify or correct an award, inter alia

     where the award is against the law, and is such that had it been a verdict of the jury the court would have entered different or other judgment notwithstanding the verdict.

Arbitration Act of 1927, P.L. 381, No. 248 § 11, 5 P.S. § 171(d). This limitation has been construed so that only mistakes of law may be corrected after arbitration. State Farm Mutual Automobile Insurance Co. v. Williams, 481 Pa. 130, 392 A.2d ...


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