No. 576 Philadelphia 1983, Appeal from the Order of the Philadelphia Court of Common Pleas entered February 7, 1983 at No. 1566. January Term, 1983.
Roger J. Harrington, Philadelphia, for appellant.
Neal E. Newman, Philadelphia, for Peter, appellees.
Mark C. Jacob, Philadelphia, for Shuttleworth, appellee.
Wieand, Olszewski and Popovich, JJ. Wieand, J., concurs in the result.
This is an appeal from an order of the lower court refusing to vacate or modify an arbitration award which allowed stacking of uninsured motorist benefits.*fn1 For the reasons set forth below, we reverse and remand for further proceedings consistent with this opinion.
On April 6, 1979, Jean Marie Bane was operating an automobile owned by her father, James J. Bane, when she was forced off the road by an unidentified phantom vehicle. This incident caused her to lose control of her automobile and collide broadside with a utility pole.
As a result of the impact, John St. Peter, Colleen Shuttleworth and George St. Peter (appellees), passengers in the Bane's automobile, were seriously injured.*fn2 All three filed actions claiming uninsured motorist coverage against General Acceptance Insurance Company (appellant), the motor vehicle insurer for the Bane's automobile.
The insurance policy in question was a single policy, covering not only the vehicle damaged in the accident, but also two separate vehicles. The policy provided for a maximum of $30,000 uninsured motorist benefits which would be paid, per vehicle, for any injuries sustained in an accident.*fn3
To obtain this coverage, Mr. Banes paid a separate premium for each of ...