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CHRIS DUNLAP AND BRIAN DUNLAP v. STATE FARM INSURANCE COMPANY. APPEAL BRIAN DUNLAP (08/23/88)

filed: August 23, 1988.

CHRIS DUNLAP AND BRIAN DUNLAP, MINORS, BY THEIR PARENT AND NATURAL GUARDIAN, ARLENE HOFFMAN AND ARLENE HOFFMAN, IN HER OWN RIGHT
v.
STATE FARM INSURANCE COMPANY. APPEAL OF BRIAN DUNLAP



Appeal from the Order of the Court of Common Pleas, Philadelphia County, Civil Division, at No. 823 Feb Term 1985.

COUNSEL

Douglas Marshall, Philadelphia, for appellant.

Mark C. Labrum, Philadelphia, for State Farm Ins. Co., appellee.

Brosky, Rowley and McEwen, JJ.

Author: Per Curiam

[ 377 Pa. Super. Page 166]

This is an appeal from an order denying appellant's petition to set aside an arbitrators' award. For reasons stated infra, we now remand for further proceedings consistent with this opinion, and retain panel jurisdiction.

This matter arises from a motor vehicle accident which occurred on September 23, 1983. Minor-plaintiff Chris Dunlap was struck and injured by an uninsured motorist, while his brother, minor-plaintiff Brian Dunlap, appellant herein, witnessed the incident, and allegedly suffered emotional distress therefrom.

Arlene Hoffman, the boys' mother, filed a claim on behalf of both of her sons against her own carrier, appellee State Farm Insurance Company, pursuant to her policy's uninsured motorist coverage. When the claim could not be resolved, Mrs. Hoffman filed, on behalf of her sons as well as in her own right, a petition to compel the appointment of arbitrators, also in accordance with her uninsured motorist coverage, which provided for the resolution of disputed claims by arbitration under the Pennsylvania Uniform Arbitration

[ 377 Pa. Super. Page 167]

Acts of 1927 and 1980, upon the demand of the insured or the insurer. The petition to compel was granted, and, on August 20, 1987, the matter was heard before a board of arbitrators. The board found merit in Chris Dunlap's claim, and awarded him twelve thousand dollars ($12,000.00) in compensation. The board, however, found no merit in Brian Dunlap's emotional distress claim, and awarded him nothing.

A petition to set aside the arbitrators' award as to appellant Brian Dunlap was filed in the Court of Common Pleas on September 23, 1987. The petition alleged that the arbitrators had committed numerous errors of law, entitling appellant to have the award as to him set aside. The court denied the petition on November 16, 1987, by order docketed November 19.

On November 19, 1987, a minor's compromise petition was filed on behalf of Chris Dunlap for court approval of his award. The petition was granted by order of November 24, 1987, docketed December 2, 1987. This order was never reduced to final judgment.

On December 2, 1987, a petition for reconsideration of the November 16 order, denying Brian Dunlap's petition to set aside, was filed, followed by the ...


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