Appeal from the Order Entered December 30, 1985 in the Court of Common Pleas of Philadelphia County, Civil, No. 5953 June Term, 1983.
Andrew Siegeltuch, Philadelphia, for appellant.
George F. Schoener, Philadelphia, for appellee.
Cirillo, President Judge, and Wickersham and Kelly, JJ. Kelly, J., files a dissenting opinion.
[ 361 Pa. Super. Page 80]
Appellant, Royal Globe Insurance Company (Royal), appeals from an order denying its petition to vacate, modify or correct an award of arbitrators. The trial court held that the arbitrators committed no error of law in concluding that
[ 361 Pa. Super. Page 81]
the Pennsylvania Workmen's Compensation Act*fn1 did not bar appellee's recovery of uninsured motorist benefits under her employer's fleet policy. The trial court similarly supported the arbitrators' conclusions that the insurance contract at issue afforded appellee coverage in excess of the limit of $15,000 indicated in documents produced by Royal. We affirm in part and reverse in part.
The issues raised on appeal are as follows:
I. Whether Thompson's claim for uninsured motorist benefits is barred by Section 481(a) of Pennsylvania's Workmen's Compensation Act;
II. If Thompson is entitled to recover uninsured motorist benefits, whether she may not stack the coverages applicable to Sun's fleet of vehicles and her recovery must be limited to $15,000; and
III. Whether there was a legal basis for the arbitration panel to have found that Royal acted in bad faith during the conduct of the arbitration and to have awarded damages based on that finding.
Appellee, Beverly K. Thompson, was injured in an automobile accident involving an uninsured motorist on October 20, 1976. At the time of the accident, Thompson was driving a vehicle leased from Penske Leasing, Inc. by her employer, Sun Oil Company. Sun assigned the vehicle to Thompson for her exclusive use. Thompson was operating the vehicle within the course and scope of her employment at the ...