Legal Opinion · Concurrence

Sands v. Granite Mutual Insurance

Superior Court of Pennsylvania

Decided December 11, 1974No. Appeal, No. 710Published

1Concurrence

CONCURRING Opinion by

Spaeth, J.:

I join in Judge Cercone’s opinion and only wish to add a comment regarding practice.

This suit is based upon a written contract of insurance, yet no copy of the policy is included in the complaint (or anywhere else in the record), nor is its absence explained. This is a violation of Pa. R. C. P. No. 1019 (h), and although presumably any objection is long since waived, it is no aid to this court to omit the document that is central to the controversy.

If the policy did contain a standard uninsured motorist clause (including a common law arbitration provision), and…

2Cases cited9 opinions

  1. Dilliplaine v. Lehigh Valley Trust Co.Supreme Court of Pennsylvania · 1974
  2. United Services Automobile Ass'n AppealSuperior Court of Pennsylvania · 1974
  3. National Grange Mutual Insurance v. KuhnSupreme Court of Pennsylvania · 1968
  4. Johnson v. Concord Mutual InsuranceSupreme Court of Pennsylvania · 1973
  5. Allstate Insurance v. TaylorSupreme Court of Pennsylvania · 1969

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