Harper v. Preferred Risk Mutual Insurance

19 Pa. D. & C.3d 123, 1981 Pa. Dist. & Cnty. Dec. LEXIS 367
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedMay 15, 1981
Docketno. 2203
StatusPublished

This text of 19 Pa. D. & C.3d 123 (Harper v. Preferred Risk Mutual Insurance) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harper v. Preferred Risk Mutual Insurance, 19 Pa. D. & C.3d 123, 1981 Pa. Dist. & Cnty. Dec. LEXIS 367 (Pa. Super. Ct. 1981).

Opinion

GUARINO, J.,

—This matter comes before us on defendant’s motion for reconsideration of our earlier ruling denying its motion for summary judgment, 3 PICO 276 (C.P. Phila. 1978), in the light of a recent clarification announced in Amaradio v. Travelers Insurance Co., 276 Pa. Superior Ct. 189, 419 A. 2d 159 (1980).

[124]*124It is appropriate that we accept this motion and reconsider our earlier decision. A summary judgment procedure, Pa.R.C.P. 1035, was introduced into practice for the purpose of avoiding a useless trial when there is no issue of fact to be determined and the controversy can be resolved as a matter of law. See 2 Goodrich-Amram 2d §1035.1. The procedure is beneficial: it speeds up the resolution of controversies, reduces the caselog jam, and fosters judicial economy. It is to advance this cause that we accept this renewed challenge.

Briefly, the facts are as follows: plaintiff is insured by defendant. As a result of an automobile accident with an uninsured motorist, plaintiff sustained personal injuries and incurred medical expenses in the sum of $2,775.05. In an arbitration action brought against defendant insurer pursuant to the uninsured motorist clause of the policy, plaintiff was awarded the sum of $6,750, “exclusive of medical coverage.” The limit of recovery under this provision of the policy was $10,000.

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Bluebook (online)
19 Pa. D. & C.3d 123, 1981 Pa. Dist. & Cnty. Dec. LEXIS 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-preferred-risk-mutual-insurance-pactcomplphilad-1981.