Legal Opinion
Aetna Casualty & Surety Company v. Michael A. Farrell and Jane L. Farrell, Appeal of Jane L. Farrell
Court of Appeals for the Third Circuit
Decided August 31, 1988No. 88-5125PublishedCited by 37 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
As a condition for the payment of under-insured motorist coverage benefits, defendant in this declaratory judgment action was required by the plaintiff carrier to exhaust the limits of the liability policy covering the driver responsible for the injuries. Because the costs of a structured settlement defendant had negotiated with the tort-feasor’s insurance company were somewhat lower than its policy limits, the district court concluded that the exhaustion prerequisite had not been met. Therefore, recovery under the underinsured motorist provision was…
2Cases cited12 opinions
- Schmidt v. ClothierSupreme Court of Minnesota · 1983
- Aloe Coal Company and Commercial Union Insurance Company v. Clark Equipment Co.Court of Appeals for the Third Circuit · 1987
- Cooper v. Government Employees InsuranceSupreme Court of New Jersey · 1968
- Longworth v. Van HoutenNew Jersey Superior Court Appellate Division · 1988
- Motor Club of America Insurance v. PhillipsSupreme Court of New Jersey · 1974
7 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Amland Properties Corp. v. Aluminum Co. of AmericaDistrict Court, D. New Jersey · 1989
- Remington Arms Co. v. Liberty Mutual InsuranceDistrict Court, D. Delaware · 1992
- Boyle v. Erie InsuranceSuperior Court of Pennsylvania · 1995
- Holmes v. Kimco Realty Corp.Court of Appeals for the Third Circuit · 2010
- Cobb v. BenjaminCourt of Appeals of South Carolina · 1997
32 more not listed; retrieve them via the Exa API.