from the Order of the Superior Court dated 5/27/16 at No.
1119 EDA 2015 which affirmed the order of the Court of Common
Pleas of Montgomery County, Civil Division, dated 3/20/15 at
NOW, this 24th day of May, 2017, the order of December 29,
2016 is amended to provide as follows:
Petition for Allowance of Appeal is GRANTED to consider the
following issue, as originally framed in the Petition for
Allowance of Appeal:
By affirming its Opinion in Hopkins v. Erie Insurance
Co., 65 A.3d 452 (Pa. Super. 2013), and ruling that:
(1) a claimant seeking uninsured or underinsured motorist
benefits must file a Complaint or a Petition to Compel
Arbitration if the claim does not resolve within four years
of the date of the underlying accident, and,
(2) a claimant must file a Complaint or Petition to Compel
Arbitration, contrary to the plain language of the
Arbitration Act of 1927, 42 Pa.C.S. § 7304(a), which
requires a claimant to file a Complaint or Petition only when
"an opposing party refuse[s] to arbitrate, "
did the Superior Court create a new rule that is contrary to
prior decisions of this Court and inconsistent with the plain
language of the Arbitration Act?
Court understands this issue to encompass a determination of
the time at which a cause of action accrues - thereby
triggering the commencement of the statutory period for
bringing a claim - in the specific context of an insurance
contract containing a mandatory arbitration provision.
Notably, this particular issue has not been waived, was
advanced in the Petition for Allowance of Appeal, and has
been briefed by both parties, without objection. As such, no
further briefing is necessary.
Justice Saylor files a concurring statement in which Justices
Baer, Todd, Donohue, Dougherty and Mundy join.
Justice Wecht files a dissenting statement.
learned Majority is eager to decide the point at which a
cause of action should accrue in the context of an uninsured
motorist coverage dispute; so eager, in fact, that the
Majority takes the unusual step of retroactively expanding