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PEKULAR v. EICH

355 Pa.Super. 276 (1986)

513 A.2d 427

Karin PEKULAR and Frank Pekular, Her Husband, Appellants at No. 866 v. James H. EICH and State Farm Mutual Automobile Insurance Company, Appellant at No. 865.

Supreme Court of Pennsylvania.

Filed July 21, 1986.

Attorney(s) appearing for the Case

Frank M. Gianola, Pittsburgh, for appellants (at 866) and appellees (at 865).

Kenneth R. Behrend, Pittsburgh, for appellants (at 865) and appellees (at 866).

Before CIRILLO, President Judge, and DEL SOLE and BECK, JJ.

CIRILLO, President Judge:

This cross-appeal presents two questions for our determination: (1) whether the enactment of the Unfair Insurance Practices Act (UIPA)1 bars an insured from pursuing a private cause of action against his insurer based upon a theory of common law fraud and deceit; and (2) whether the enactment of UIPA bars an insured from pursuing a private cause of action against his insurer based on the provisions of the Unfair...

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