American Casualty Co. of Reading, PA. v. Fernandez

NESBITT, Judge.

American Casualty Company (American) appeals a summary judgment finding uninsured motorist (UM) coverage and compelling arbitration. We reverse.

Luis Fernandez leased a car from Avis. On September 29, 1981, he was riding in the leased vehicle as a passenger with Pedro Villoldo driving. The car was involved in an accident with a hit-and-run vehicle, and Fernandez sustained injuries.

Fernandez sought UM benefits under the American policy issued to Villoldo. American denied coverage and Fernandez filed a petition to compel arbitration. American counterclaimed seeking a declaration…