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New Ruling On PA Injury Car Accident And UM/UIM Arbitration/Venue

Posted Scott B. Cooper on Jan 15, 2014 in Car Accidents

Below is the link to McAteer v. State Farm Mut. Auto. Ins. Co., No. 1428 EDA 2013 (Pa.Super. Jan. 7, 2014) (mem.) where a panel of the Superior Court in a memorandum opinion finds that the appellant/McAteer failed to address the dispositive issue of venue, i.e., that when an arbitration clause calls for arbitration in one particular county, the parties to the contract are limited to that single forum.  The finding is that the appellant failed to develop an argument over the position the trial court took that it was bound by a prior ruling transferring the case to Bucks County, and the appellant failed to assert a specific contractual basis that would have permitted venue in any county in which she resided at the time she filed her petition to appoint a third arbitrator and compel arbitration.


http://www.pacourts.us/assets/opinions/Superior/out/J-A31040-13m%20-%201016704121871129.pdf?cb=1

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