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CUNNINGHAM v. PRUDENTIAL PROP. & CAS.

340 Pa.Super. 130 (1985)

489 A.2d 875

Vincent CUNNINGHAM and Deborah Marcus, Appellants, v. PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, A SUBSIDIARY OF PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellee.

Supreme Court of Pennsylvania.

Filed March 8, 1985.

Petition for Allowance of Appeal Denied July 25, 1985.

Attorney(s) appearing for the Case

Allen L. Feingold, Philadelphia, for appellants.

Charles W. Craven, Philadelphia, for appellee.

Before SPAETH, President Judge, and WICKERSHAM, BROSKY, WIEAND, CIRILLO, DEL SOLE, MONTEMURO, JOHNSON and POPOVICH, JJ.

WIEAND, Judge:

Vincent Cunningham, the insured operator of a motor vehicle, and Deborah Marcus, a passenger, were injured in a one car accident. Alleging that they had been forced off the road by an unknown motorist who did not stop, Cunningham and Marcus submitted uninsured motorist claims to Cunningham's insurance carrier, Prudential Property and Casualty Insurance Company (Prudential). In a complaint filed in assumpsit, the claimants alleged that Prudential had...

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