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Richmond v. Prudential Property and Casualty Insurance Company

Where insurer denied underinsured motorist coverage because claimant was a passenger on a non-owned motorcycle at time of accident, arbitration finding in favor of insurance company reversed; policy language was so ambiguous that it precluded a finding in favor of insurance company, and policy was void as against public policy considerations.

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OPINION

� 1 We decide whether an insurer properly denied underinsured motorist coverage because the claimant was a passenger on a non-owned motorcycle at the time of the accident. Plaintiff-appellant Kristin Richmond made a claim for underinsured motorist benefits under a policy issued by Defendant-appellee Prudential Property and Casualty Insurance Company (Prudential), which Prudential denied. The parties then proceeded to arbitration and the majority of the arbitrators found against the insured and in favor of Prudential. Appellant then filed a Petition to Vacate the Arbitration Award with the Lehigh County Court of Common Pleas, which was also denied. This appeal followed and upon a careful review of this matter, we reverse.

� 2 The facts are not in dispute, and the rulings below concerned only questions of law. Accordingly, our scope of review is plenary. Kmonk-Sullivan v. State Farm Mut. Auto. Ins. Co., 746 A.2d 1118, 1120 (Pa. Super. 1999), appeal granted, 771 A.2d 1285 (Pa. 2001). We must now determine whether the trial court committed an error of law in denying Appellant’s Petition to Vacate the Arbitrator’s Award.

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