| RONALD T. BOLE AND SUSAN M. BOLE v. ERIE INSURANCE EXCHANGE No. 2248 WDA 2007 2009 PA Super 38 Atlantic: 967 A.2d 1017 Filed: 2/27/2009 | |
| Appeal from the Order entered November 30, 2007 In the Court of Common Pleas of Erie County, Civil, No. 2007-12609 | |
| Before: KLEIN, POPOVICH and FITZGERALD, JJ. | |
| Opinion by: KLEIN, J. | |
| Dissenting Opinion by: FITZGERALD, J. | |
| Ronald T. Bole appeals from the trial court order denying his petition to modify an arbitration award after the arbitrators in a 2-1 vote refused to award him underinsured motorist benefits. Bole suffered serious injuries while responding to call as a volunteer fireman in response to a serious automobile accident. The accident was caused by an underinsured motorist who was driving too fast for conditions and hydroplaned in a severe rainstorm. A bridge on Bole’s property collapsed in the same rainstorm and Bole was badly injured when he was thrown from the truck he was driving on the way to the accident and the truck crushed him against an I-beam. We reverse and remand for further proceedings. | |
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