Attorney(s) appearing for the Case
Marvin Beshore, Luther E. Milspaw, Jr., Milspaw & Beshore, Harrisburg, Pa., for appellant.
Kevin E. Osborne, Thomas & Thomas, Harrisburg, Pa., for appellee.
Before SLOVITER, SCIRICA, and WEIS, Circuit Judges.
United States Court of Appeals, Third Circuit.
Submitted Pursuant to Rule 12(b)(6) July 12, 1988.
OPINION OF THE COURT
WEIS, Circuit Judge.
As a condition for the payment of underinsured motorist coverage benefits, defendant in this declaratory judgment action was required by the plaintiff carrier to exhaust the limits of the liability policy covering the driver responsible for the injuries. Because the costs of a structured settlement defendant had negotiated with the tortfeasor's insurance...
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