Progressive Northern Insurance v. Henry
Progressive Northern Insurance v. Henry
Opinion of the Court
ORDER
AND NOW, this 8th day of September, 2010, the Petition for Allowance of Appeal is hereby GRANTED. The order of the Superior Court dated June 4, 2009, reversing the order of the Court of Common Pleas of York County is hereby VACATED, and the matter is REMANDED for the Superior Court to affirm the order of the trial court and to direct the trial court to reinstate the award entered by the arbitration panel. See generally Kvaener Metals Division of Kvaener U.S., Inc. v. Commercial Union Ins. Co., 589 Pa. 317, 908 A.2d 888, 897 (2006) (stating that a court must give effect to policy language that is clear and unambiguous; alternatively when a policy provision is ambiguous, the policy must be construed in favor of the insured and against the insurer which drafts the contract).
Dissenting Opinion
dissenting.
I respectfully dissent.
The allocatur stage is normally reserved for making the threshold determination of whether or not to grant discretionary review. See Supreme Court IOP § 5C. Thus, I continue to believe that the use of per curiam orders effectuating reversals on the merits at this stage should be re
Chief Justice CASTILLE joins this Dissenting Statement.
Reference
- Full Case Name
- PROGRESSIVE NORTHERN INSURANCE COMPANY v. Robert L. HENRY, Deborah M. Henry, and Ryan Henry
- Cited By
- 10 cases
- Status
- Published