McMonagle v. Allstate Insurance

Dissenting Opinion by

Hoffman, J.:

In this appeal, we must determine whether the lower court erred in dismissing appellant’s class action.

Appellant, Margaret McMonagle, was insured by the appellee, Allstate Insurance Company. The policy contained uninsured motorist coverage and medical payments coverage up to a limit of f2,000.00 per person. On February 14, 1969, the appellant was injured in an automobile accident while a guest passenger in an uninsured vehicle. By letter of December 15, 1971, proof of claim was given to Allstate and formal demand was made for an arbitration hearing under the…