Brown v. Erie Insurance

The plaintiff, Michelle Brown, appeals the summary judgment dismissal of her declaratory judgment action against the defendant, Erie Insurance Company (“Erie”) by the court of common pleas. Brown asserts five assignments of error 1 which basically present two issues: whether she is entitled to underinsured motorist coverage under her policy with Erie and, if so, whether Erie is entitled to a “set-off” equal to the amount Brown received from the tort-feasor’s policy. We will consolidate these alleged errors for review.

It is undisputed that on July 29, 1984, Brown, while a passenger on a…