Legal Opinion

Overfield v. Ohio Casualty Insurance

Pennsylvania Court of Common Pleas, Lackawanna County

Decided October 14, 1998No. 96-CV-5211Published

1Opinion of the Court

NEALON, J.,

Defendant Ohio Casualty Insurance Company has appealed an under-insured motorist (UIM) arbitration award rendered on July 2, 1998, and has raised the following two issues of apparent first impression which have not yet been addressed by an appellate court in Pennsylvania. First, in an accident involving multiple plaintiffs who have amicably rationed the tort-feasor’s liability insurance limits which were interpleaded into court, may the UIM insurer claim a credit for the tort-feasor’s entire policy *550limits rather than the distributive amount actually received by the plaintiff?…

2Cases cited40 opinions

  1. Walton v. Avco Corp.Supreme Court of Pennsylvania · 1992
  2. Fleck v. KDI Sylvan Pools, Inc.Court of Appeals for the Third Circuit · 1992
  3. Johnson v. American Family Mutual Insurance Co.Supreme Court of Minnesota · 1988
  4. Charles v. Giant Eagle MarketsSupreme Court of Pennsylvania · 1987
  5. Motorists Mutual Ins. Co. v. TomanskiOhio Supreme Court · 1971

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