Supreme Court of Pennsylvania, 1987

Nykaza v. United States Fidelity & Guaranty Co.

Supreme Court of Pennsylvania · Decided October 15, 1987 · Consideration, Flaherty, Hutchinson, Larsen, McDermott, Nix, Papadakos, Zappala

516 Pa. 31; 531 A.2d 1115; 1987 Pa. LEXIS 803

Opinion of the Court

ORDER

PER CURIAM.

The Order of the Superior Court is affirmed.

*32NIX, C.J., and FLAHERTY, J., did not participate in the consideration or decision of this case. HUTCHINSON, J., filed a dissenting opinion.

Dissenting Opinion

HUTCHINSON, Justice,

dissenting.

I dissent and would dismiss this appeal as improvidently granted because the key issue of what is an uninsured motor vehicle under the Act of August 14, 1963, P.L. 909, § 1, amended December 19, 1968, P.L. 1254, No. 397, effective January 1,1969, a question of statutory interpretation, is not raised by the parties. That issue should be decided by a court not an arbitrator. Because it has not been properly framed in this case, I believe the appeal should be dismissed.

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