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POLSELLI v. NATIONWIDE MUT. FIRE INS. CO.

No. 96-1107.

126 F.3d 524 (1997)

Regina POLSELLI; Rudolph R. Polselli (Intervenor-Plaintiff in D.C.) v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY. Regina Polselli, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 30, 1997.

Attorney(s) appearing for the Case

Harry P. Begier, Jr. (argued), Harry P. Begier, Jr., Ltd., Philadelphia, PA, for Appellant.

R. Bruce Morrison (argued), Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for Appellee.

Before: STAPLETON and MANSMANN, Circuit Judges and RESTANI, Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this case of first impression, we must decide whether a plaintiff who prevails on a claim for bad faith conduct, pursuant to 42 Pa. Cons.Stat. Ann. § 8371, may recover attorney's fees against an insurer for time spent prosecuting the bad faith claim itself, in addition to those fees attributable to prosecuting the underlying insurance contract claim, under section 8371(3). We conclude that such fees may...

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