Brennan v. General Accident Fire & Life Assurance Corp.

SPAETH, Judge:

This is an appeal from an order granting a petition to enforce an arbitration agreement. The appeal will be quashed.

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The arbitration agreement in question is contained in the underinsured motorist provision of an insurance policy issued by appellant. Appellee made the provision an exhibit to his petition to enforce the arbitration agreement. R.R. 28a-29a. In its answer to the petition, appellant not only did not deny that the exhibit accurately stated the arbitration agreement, it repeated the terms of the agreement. R.R. 9a. The lower court concluded that as thus pleaded, the…