Insurance Federation of Pennsylvania, Inc. v. Koken

*634Dissenting opinion by

Judge SIMPSON.

I respectfully dissent from the thoughtful majority and concurring opinions. I dissent because I believe that mandatory arbitration of uninsured motorist (UM) and underinsured (UIM) motorist disputes violates the constitutional right to a jury trial.

Our Supreme Court has long recognized that compulsory arbitration is unconstitutional when it infringes upon the right to a jury trial. Application of Smith, 381 Pa. 223, 112 A.2d 625 (1955), app. dismissed sub nom., Smith v. Wissler, 350 U.S. 858, 76 S.Ct. 105, 100 L.Ed. 762 (1955).

Article 1, § 6 of the…