Benado v. Buckeye Union Ins. Co., Civ. A. 86-1345.
Decision Date | 17 August 1987 |
Docket Number | Civ. A. 86-1345. |
Citation | 666 F. Supp. 79 |
Parties | Mazal Nissim BENADO v. BUCKEYE UNION INSURANCE COMPANY. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Kenneth J. Yablonski, Washington, Pa., for plaintiff.
Robert G. Simasek, Pittsburgh, Pa., for defendant.
This is an action alleging a breach of an automobile insurance contract in which plaintiff seeks declaratory relief, punitive damages, costs and fees, based on the uninsured motor vehicle clause. Plaintiff's complaint alleges subject matter jurisdiction based on diversity of citizenship. At all time relevant to this action, plaintiff was a resident of Pennsylvania. Defendant is an Ohio corporation doing business in Pennsylvania. The amount in controversy exceeds $10,000. Defendant has filed a motion to dismiss along with supporting evidentiary matter and brief, in which it is argued that an arbitration clause in the contract precludes this court from having jurisdiction over the dispute, and that it has demanded arbitration.
Defendant's contention that the court lacks jurisdiction due to the arbitration clause is incorrect. John Ashe Associates Inc. v. Envirogenics Co., 425 F.Supp. 238, 241 n. 3 (E.D.Pa.1977). See also Forms, Inc. v. American Standard Inc., 550 F.Supp. 556, 557 (E.D.Pa.1982). Since evidentiary materials have been submitted, however, the motion to dismiss will be treated as a motion for summary judgment under F.R.Civ.P. 56. See F.R.Civ.P. 12(b).
The insurance contract at issue herein contained the following arbitration agreement:
Pursuant to this agreement, the defendant made a demand that the plaintiffs claim be submitted...
To continue reading
Request your trial-
New Castle County v. US Fire Ins. Co.
...F.Supp. 238, 241 n. 3 (E.D.Pa.1977). The arbitration clause does, however, limit the scope of review. See Benado v. Buckeye Union Insurance Co., 666 F.Supp. 79, 79 (W.D.Pa.1987); U.S. Fidelity & Guaranty Co. v. Ferraro, 452 F.Supp. 586, 587 (S.D.Ohio 1978); John Ashe Associates, Inc., 425 F......