Kalata v. Erie Insurance

WALLITSCH, J.,

We have before us for disposition, defendants’motion for partial summary judgment, requesting the court to determine the the plaintiff files a "lawsuit to recover such benefits rather than using the arbitration procedure required by the insurance policy. A search of the reported case law of this Commonwealth fails to reveal any reported cases on the issues raised by'this motion1.. Plaintiff, John Kalata, filed this action for uninsured motorist benefits , against the operator of the motor vehicle, Moufid R. Rizk, in which Kalata was a passenger, as well as against the insurer of…