Tuesday, February 15, 2011

New Atlantic Second Cite for Important Post-Koken Delay Damages Case

Here's the new Atlantic Second citation for the important delay damages case recently handed down by the Pennsylvania Superior Court: Marlette v. State Farm Mut. Auto. Ins. Co., 10 A.3d 347 (Pa.Super. 2010 Musmanno, J.).

This case, in which I believe State Farm is in the process of trying to appeal up to the Pennsylvania Supreme Court, stands for the following propositions:

-Delay damages are required to be based upon the jury's verdict in a UM action, and not the verdict as molded downward in post-verdict proceedings to reflect the amount of the policy limits available under the policy;

-A reaffirmation of the rule of law that delay damages are not permissible on loss of consortium damages awards;

-A "high/low agreement" is a settlement agreement in which a defendant agrees to pay a plaintiff a minimum recovery in exchange for the plaintiff's agreement to accept a maximum amount regardless of the outcome of the trial.


The Marlette v. State Farm case may be viewed online by clicking this link:

http://www.aopc.org/OpPosting/Superior/out/A36031_09.pdf

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