National Grange Mut. Ins. Co. v. Kuhn

• Citation: 236 A.2d 758,428 Pa. 179
• Parties: NATIONAL GRANGE MUTUAL INSURANCE COMPANY v. Frederick J. KUHN, Jr., Appellant, and American Arbitration Association and Ell N. Donsky, Esquire.
• Decision Date: 03 January 1968
• Court: United States State Supreme Court of Pennsylvania

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236 A.2d 758 428 Pa. 179 NATIONAL GRANGE MUTUAL INSURANCE COMPANY
v.
Frederick J. KUHN, Jr., Appellant, and American Arbitration
Association and Ell N. Donsky, Esquire. Supreme Court of Pennsylvania. Jan. 3, 1968.

[428 Pa. 180] Arthur D. Rabelow, Manchel, Lundy & Lessin, Philadelphia, for appellant.

Charles Jay Bogdanoff, Albert C. Gekoski, Philadelphia, for appellee.

[428 Pa. 179] Before BELL, C.J., and MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

[428 Pa. 180] OPINION OF THE COURT

O'BRIEN, Justice.

Appellant, Frederick J. Kuhn, Jr., suffered personal injuries in an automobile accident. At the time of the accident, appellant was a passenger in an automobile being operated by Alan H. Feltner. Feltner's vehicle came into collision with one operated by Franklin J. Doyle. The Feltner automobile was covered by a liability insurance policy issued by appellee, National Grange Mutual Insurance Company. Included among the provisions of the insurance policy was uninsured motorist coverage.

Following the accident, appellant engaged counsel who apparently satisfied himself that Doyle was uninsured. He notified appellee and put it on notice of arbitration in accordance with the policy provisions. Appellee denied that Doyle was an uninsured motorist, both to counsel and appellant, and to the American Arbitration Association and Eli N. Donsky, Esquire, [428 Pa. 181] its arbitrator named to arbitrate the case. The Arbitration Association and its arbitrator nevertheless determined to proceed with the arbitration, with the arbitrator to determine the question of whether Doyle was an uninsured motorist.

Appellee then filed a complaint in equity, seeking to enjoin appellant, the Association, and Donsky from proceeding with the arbitration, on the theory that the issue of whether Doyle was, in fact, an uninsured motorist is not an arbitrable issue within the terms of the insurance policy. The court below granted a preliminary injunction to appellee, restraining the parties from proceeding

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with the arbitration, and Kuhn appealed.

Initially, we must dispose of appellee's motion to quash the appeal. The motion to quash is predicated on appellee's contention that the order appealed from is interlocutory, since appellant will have an opportunity to determine the question of Doyle's status in a proceeding in the Court of Common Pleas. Appellee argues that if appellant establishes that defendant was uninsured, the matter may then proceed to arbitration...