decided: October 15, 1987.
JACOB NYKAZA AND SHIRLEY NYKAZA, HIS WIFE, AND SHIRLEY NYKAZA, ADMINISTRATRIX OF THE ESTATE OF JACQUELINE JOAN NYKAZA, DECEASED, APPELLEES,
UNITED STATES FIDELITY AND GUARANTY COMPANY, APPELLANT
Appeal No. 139 E.D. Appeal Docket 1986 from the Order Dated the 21st Day of January, 1986 in the Superior Court 352 Pa. Super. 623; 505 A.2d 1039 (1985), of Pennsylvania, 1984, at No. 119 Philadelphia 1984.
Anthony J. Piazza, Jr., Scranton, for appellant.
Patrick J. Lavelle, Scranton, for appellee.
Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Nix, C.j., and Flaherty, J., did not participate in the consideration or decision of this case. Hutchinson, J., filed a dissenting opinion.
Author: Per Curiam
[ 516 Pa. Page 31]
The Order of the Superior Court is affirmed.
[ 516 Pa. Page 32]
HUTCHINSON, Justice, dissenting.
I dissent and would dismiss this appeal as improvidently granted because the key issue of what is an uninsured motor vehicle under the Act of August 14, 1963, P.L. 909, § 1, amended December 19, 1968, P.L. 1254, No. 397, effective January 1, 1969, a question of statutory interpretation, is not raised by the parties. That issue should be decided by a court not an arbitrator. Because it has not been properly framed in this case, I believe the appeal should be dismissed.
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