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MARYLAND CAS. CO. v. FITZE

No. 3:CV-90-0890.

744 F.Supp. 628 (1990)

MARYLAND CASUALTY COMPANY, Plaintiff v. Lee Albert FITZE, Defendant.

United States District Court, M.D. Pennsylvania.

August 31, 1990.

Attorney(s) appearing for the Case

Lucille Marsh, Kreder, O'Connell, Brooks & Hailstone, Scranton, Pa., for plaintiff.

Cal Leventhal, Dougherty, Mundy, Leventhal & Price, Kingston, Pa., for defendant.

MEMORANDUM AND ORDER

CONABOY, Chief Judge.

This is a declaratory judgment action initiated by the Maryland Casualty Company in which the terms and provisions of an automobile insurance policy are in dispute. The issue presented to the court is whether the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.Con.Stat.Ann. §§ 1701 et seq. (hereinafter "MVFRL"), allows an insured to "stack" his underinsured motorist coverage in excess...

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