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ANDRE SEAY v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY (05/24/88)

filed: May 24, 1988.

ANDRE SEAY, APPELLEE,
v.
PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, A SUBSIDIARY OF PRUDENTIAL INSURANCE, APPELLANT



Appeal From Order Entered April 1, 1987, Court of Common Pleas, Civil Division, Philadelphia County No. 188 October Term, 1984

COUNSEL

Andrew Siegeltuch, Philadelphia, for appellant.

Allen L. Feingold, Philadelphia, for appellee.

Cavanaugh, McEwen and Tamilia, JJ.

Author: Cavanaugh

[ 375 Pa. Super. Page 38]

This case is an appeal from an order confirming an Arbitration Award in favor of appellee, Andre Seay. Appellant, Prudential, raises three issues on appeal,

1) whether appellee's claim is barred by the statute of limitations,

2) whether appellant should have been permitted to introduce into evidence a transcript of appellee's deposition, and

3) whether the insurance policy under which appellee claimed uninsured motorist benefits required a setoff in the amount appellee recovered previously from another tortfeasor.

The facts which appellee presented at the arbitration hearing in his uninsured motorist claim are as follows. As Seay crossed the street to his parked car, an unidentified vehicle caused him to jump out of the way. At the same time, a second unidentified vehicle caused a motorcycle to swerve and hit appellee. Seay filed a claim for personal injuries in accordance with his uninsured motorist coverage with appellant insurance company. Seay then filed a Petition to Appoint a Neutral Arbitrator and Compel Arbitration in October of 1984.

The first arbitration hearing was held in May of 1985. The arbitration was continued in order to afford Prudential an opportunity to produce certain witnesses. At the second arbitration hearing, Prudential sought to introduce into evidence certain deposition testimony of Seay. Seay and the driver of the motorcycle were involved in a previous suit

[ 375 Pa. Super. Page 39]

    concerning the same accident as the one in the present action. Seay's deposition was taken in April of 1980 in connection with the previous action. Prudential attempted to introduce the deposition for the purpose of impeaching Seay. Prudential pointed out to the arbitrators that the deposition contained a completely different version of the accident than the one offered by Seay in his testimony at the first arbitration hearing. Specifically, in Seay's deposition from the previous ...


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