Davis v. Erie Insurance Group

MÜNLEY, J.,

— Before the court for disposition is plaintiff’s motion for delay damages pursuant to Pa.R.C.P. 238.

The facts of this case reveal that on March 24, 1985, plaintiff sustained injuries as a result of an automobile accident. The insurance company for the tortfeasor was Allstate Insurance Company. On or about October 1, 1986, Allstate paid the $50,000 policy limits in full to plaintiff in exchange for a general release.

At the time of the accident, Ms. Davis had her own automobile insurance coverage with defendant, Erie Insurance. Defendant paid plaintiff’s medical bills, but alleged…