Marlette v. State Farm Mutual Automobile Insurance

OPINION BY MUSMANNO, J.:

Richard A. Marlette, Sr. (“Mr. Mar-lette”) and his wife, Marleen Marlette (“Mrs. Marlette”), (collectively, “the Mar-lettes”) appeal from the Order1 directing State Farm Mutual Automobile Insurance Company (“State Farm”) to pay the Mar-lettes delay damages in the amount of $28,223.76 in the underlying uninsured motorist (“UM”) case. In its cross-appeal,2 State Farm challenges its obligation to pay delay damages in excess of its policy limits. After careful review, we vacate the judgment and remand for a recalculation of delay damages.

The instant case arises from an…