Erie Insurance Exchange v. Mason

McEWEN, Judge:

Appellant, in this appeal from an order which (1) denied his motion to compel arbitration, and (2) granted the motion of appellee for judgment on the pleadings in this declaratory judgment action, contends that the trial court committed reversible error when it concluded that it, rather than the arbitrators, had jurisdiction to resolve the instant controversy. We agree and, therefore, vacate the order and remand the case.

Appellant’s decedent, Barry Scott Mason, Jr., died as a result of injuries sustained when the motorcycle he was operating was struck by a truck owned by B & S…