Erie Insurance Exchange v. McGee

Appellants, Stanley S. and Lorraine L. McGee appeal from the trial court’s denial of their request for delay damages under Pa.R.C.P. 238 in their uninsured motorist arbitration award against appellee Erie Insurance Exchange hereinafter Erie. The trial court held only that the Supreme Court did not intend to award prejudgment delay damages to be awarded to successful plaintiffs under arbitration clauses such as that found in Erie’s uninsured motorist policy. Pursuant to Erie’s request that the trial court modify the arbitrator’s award, the court held that the arbitration clause was governed by…