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GOVERNMENT EMPLOYEES INS. CO. v. BENTON

Nos. 88-1175, 88-1176.

859 F.2d 1147 (1988)

GOVERNMENT EMPLOYEES INSURANCE COMPANY v. BENTON, Ernest, Appellant in No. 88-1175. BENTON, Ernest, Appellant in No. 88-1176, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Decided October 12, 1988.

Rehearing and Rehearing Denied November 7, 1988.

Attorney(s) appearing for the Case

R. Steven Shisler (argued), Bernard L. Kubert & Associates, P.C., Philadelphia, Pa., for appellant.

William H. Resch, Jr. (argued), David M. McCormick, Liebert, Short, Fitzpatrick & Hirshland, Philadelphia, Pa., for appellee.

Before STAPLETON and MANSMANN, Circuit Judges, and FISHER, District Judge.

Rehearing and Rehearing In Banc Denied November 7, 1988.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

At issue is whether the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.Cons.Stat.Ann. § 1701 et seq., (Purdon 1984) (effective October 1, 1984), which mandates underinsured motorist coverage, affects policies of insurance applied for prior to the effective date yet not actually received by the insured until sometime...

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