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Pennsylvania Superior Court Holds That Delay Damages Are Calculated based Upon Award And Not Policy Limit

Posted On Behalf of Schmidt Kramer Injury Lawyers on May 14, 2012 in General

Below is a link to the Pennsylvania Superior Court opinion from December 10, 2010 in  Marlette v. State Farm Mut. Ins.  Co.where the Superior Court (Bowes, J. dissenting) holds that delay damages in a case arising out of a Koken trial for uninsured or underinsured motorist benefits are calculated based upon the actual jury verdict and not the policy limits, even if the verdict if higher than the policy. In this case there was a policy limit of $250,000 and an underinsured motorist verdict of $550,000. Judge Musmanno holds that the delay damages are calculated based upon the entire verdict and not the policy limit.
http://www.pacourts.us/OpPosting/Superior/out/A36031_09.pdf Scott B. Cooper scooper@Schmidt Kramer.com 717-232-6300